COLERAIN TWP., Ohio — After an Ohio Court. of Appeals said Hamilton County set a bail so high it became unconstitutional, Dustin Dubose, 25, had his $1.5 million bond lowered to $500,000. The family of the man he's accused of killing said it feels like they've been victimized all over again.
"We're a victim again. Not only did our son get murdered, but they're lowering his bond when he's the accused shooter?" said Erica Green, Shawn's mother. "It blows my mind."
Green's family said he was killed one week before his 22nd birthday. More than one year after they were charged, bail bonds on at least one man alleged to be involved in Green's death have been lowered. The other two petitioned for lower bonds as well.
"I know you're innocent until proven guilty, but if you've got that kind of evidence to get a grand jury to indict you, then you should be in jail until your court's over with," said Shawn Green Sr., the victim's father.
Ohio's Court of Appeals ruled that Hamilton County set a bail for Green that was so high it became unconstitutional. They said ultimately the bail amount set was "a defacto denial of bail" without following proper rules.
"You cannot set a bail so high that someone cannot make it," said Bill Gallagher, Dubose's lawyer.
In Oct. 2020, three men, including Dubose, were arrested in connection with the July 2020 slaying of Shawn Green in Colerain Township.
Officials arrested Justin Dubose, 25, and Jamie Shelton, 24, in Las Vegas on Wednesday with assistance from the U.S. Marshals. Police had previously arrested and charged Malyk Turner in connection with the slaying.
Police alleged the three broke into a home on Airymeadows Drive at 11:30 p.m. on July 20, 2020, and shot 22-year-old Green. He died the next day from his injuries.
Green's family said that when Dubose's bond was lowered, they received no warning — a possible violation of Marsy's Law, which states that, among other things, victims have a right to be notified of bond hearings and allowed to make statements at such hearings, if they choose.
"If they believe he's dangerous ... they can file a motion and present evidence to support a no bail," said Gallagher.
Following the ruling, Dubose's bond has been lowered to $500,000 — meaning Dubose has to post 10%, or $50,000, to be released from police custody. The two others accused in the same case have begun petitioning for similar re-evaluations of their bonds.
Green's families said they're frustrated by the development.
"What about all these families out here that have to go through what I'm going through?" said Erica Green, Shawn's mother.