DA's Office Files Two Appeals Citing Public Safety Concerns Over Judge’s Release Decisions

(Shelby County, TN-) Today, the Shelby County District Attorney’s Office filed a writ of certiorari, an emergency appeal, in response to Shelby County General Sessions Judge Bill Anderson's decision earlier this week to release a defendant on their own recognizance. The office promptly began preparing the appeal on the same day the judge issued the decision, culminating in today’s filing.

On Tuesday, Judge Anderson ordered the release of Christopher Smith to the VA hospital for a mental evaluation. Immediately after the ruling, the DA's office moved to file the writ due to concerns that the court did not fully consider the potential risks to public safety. This action follows similar concerns regarding other recent releases by Judge Anderson.

On Wednesday, the office filed a writ of certiorari for Tyreese Earnest, the alleged shooter in an ambush against FedEx co-workers, asserting that the court's decision overlooked vital public safety considerations.

“We have serious concerns about public safety in these cases and believe it’s important that these defendants be held in custody until their case resolves,” said DA Mulroy. “We respect the authority of the court and appreciate that this appeal procedure is not to be used routinely every time we disagree with a court’s bail decision.  But in my view, these two cases are exceptional and warrant an appeal.”

Although a rare practice, this marks the third writ filed by the DA's Office since DA Mulroy took office—underscoring his commitment to safeguarding the well-being of the public. In August, the office filed a writ after Judge Anderson released Detawn Gunn on his own recognizance, a motion that was granted by Judge Jennifer Mitchell.