McCollum still in jail with increased bond
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Former state representative and presumed incoming Benton County Judge Austin McCollum remained in the county jail Monday with an increased bond and stricter rules if he is released.
Why it matters: He's set to take the chief executive office of the county in January as the only candidate, despite calls for him to step aside.
- "Unfortunately, absent a conviction or another legal disqualification, there is nothing in law that appears to prevent the judge-elect from taking office," Secretary of State spokesperson Samantha Boyd told Axios in an email when asked whether being detained in jail would prevent McCollum from taking office.
Catch up quick: McCollum was arrested twice within two months — the first on Aug. 1 after he was accused of domestic violence against his wife and the second on Sept. 29 after he was accused of violating a protection order and stalking her.
- McCollum was released on a $10,000 bond after his first arrest and later charged with three felonies. He pleaded not guilty and has a Dec. 1 court date related to those charges.
- District Judge Jeff Conner on Thursday set the $150,000 cash-only bond related to the second arrest and ordered that McCollum wear an ankle monitor if released.
The latest: McCollum appeared before Judge Brad Karren on Monday after prosecutors accused him of violating the terms of his release by being within 1,500 feet of his wife, Ragen McCollum, in addition to violating a protection order and stalking.
- Prosecutors had filed a motion seeking to revoke his release from jail. Deputy prosecuting attorney Joshua Robinson said during the hearing he had concerns for Ragen McCollum's safety and asked that the $150,000 cash-only bond currently preventing Austin McCollum from being released be increased to $500,000.
- Karren kept the $150,000 bond amount but revoked the $10,000 bond and replaced it with a $75,000 one he's now also being held on and expanded where McCollum is banned from if released.
How it works: Ragen McCollum was granted a temporary protection order that was later extended until August 2028. In her petition, she accused her husband of a history of physical abuse against her.
- The order prohibits him from contacting her or going to their home, their children's day care, her workplace or her church. She was awarded temporary custody of their 2- and 4-year-old children, and he was allowed supervised visits with them. Ragen McCollum also filed for divorce after her husband's first arrest.
Zoom in: Witnesses testified and surveillance video showed Austin McCollum arrived nearly an hour early for an 11am school event on Sept. 22, while Ragen McCollum was there for a 9am appointment. He looked into her car and entered the building before leaving, then later returned as a security guard escorted her to her car, according to a probable cause affidavit.
- His attorney, Shane Wilkinson, said Austin McCollum left while Ragen McCollum was there and returned only after a staff member told him he could. Robinson argued he knowingly entered the school despite seeing her car.
- On Sept. 28, a day care employee reported seeing Austin McCollum driving through the parking lot around Ragen McCollum's usual pickup time.
- The next day, Ragen McCollum's friend reported seeing him across the street from the day care around drop-off time. Austin McCollum said he was on a public sidewalk and attending an Alcoholics Anonymous meeting at a nearby church. Robinson argued choosing a meeting near a day care he was prohibited from visiting wasn't a good-faith effort to follow the protection order.
What's next: McCollum will remain in jail unless he is bonded out. He has a hearing regarding the three felony charges stemming from his first arrest on Dec. 1.