Mississippi Coast man facing murder charge is released on bond as family mourns victim
A man charged with murder in the fatal shooting of a Waveland 19 year old was released from jail last week on a total bond of $200,000.
Robert George Sams Jr., 22, is facing charges of first-degree murder and aggravated assault after police were called this month to a Circle K gas station on Highway 90. Authorities said a shooting there injured a woman and killed LaDaibrien Acker, who was rushed to Ochsner Medical Center before he died.
Waveland Municipal Court Judge Preston J. Mauffray set Sams’ bond at $150,000 on the first-degree murder charge and $50,000 on the charge of aggravated assault, said Hancock County Jail Warden Brandon Zeringue.
Sams bonded out of the Hancock County jail Dec. 24 through a bonding company, according to Zeringue, who also said there were “no conditions at all” attached to the bond. Murder bonds on the Mississippi Coast are often set closer to $1 million.
Zeringue said $150,000 was the lowest he had seen on a murder charge before a suspect appears for a preliminary hearing.
It is unclear why Sams’ bond was set at that amount because Mauffray declined to comment on the decision.
Judges have broad discretion over bonds. The Mississippi Supreme Court says suspects of non-capital crimes have the right to be released on bond unless a judge decides they are a flight risk or their release would endanger a community. Judges also consider factors including the defendant’s criminal record, reputation and nature of the offense. State guidelines recommend judges considering bond for non-capital crimes that involve loss of life set it between $10,000 and $1 million.
Sams’ release outraged Acker’s family, who said they are struggling to understand why a suspect charged with first-degree murder could be free on bond. The victim’s mother, Apolonia “Ap” Acker, also strongly rejected any notion that the shooting was a result of self-defense.
“My baby was unarmed,” Acker said.
Bond in Mississippi
Sams is scheduled for a preliminary hearing Jan. 9, according to Zeringue.
Zeringue said he had seen murder bonds sometimes drop closer to $150,000 after a suspect appears in a preliminary hearing. “But never on an initial appearance,” he said.
State law says bond is used to ensure a defendant appears in court when they are supposed to, not to punish a suspect by keeping them in jail. Judges setting bond are mostly considering whether the suspect is an escape risk, said Cedric Bush, president of the Mississippi Justice Court Judges Association and a judge in Washington County. “It’s to the judge’s discretion because he has all the information,” Bush said.
Ken Winter, director of the Mississippi Association of Chiefs of Police, said the $200,000 total bond seemed low for a murder charge but also was not unheard of across the state. Typical bond amounts can vary across Mississippi, and Winter said it was possible bond norms are higher on the Coast.
“Across the state, if I were reading this in a newspaper would I say, ‘Gosh that’s a low bond for murder?’” Winter said. “Probably not.”
Family mourns Waveland shooting victim
Police said they responded to the Circle K at 1:33 a.m. Dec. 21 after they were called about a man being shot. Officers found Acker suffering gunshot wounds in the parking lot. Police said the woman injured in the shooting was soon released from the hospital. Police have not said what led to the shooting. Waveland Police Chief Mike Prendergast confirmed Acker was unarmed.
Apolonia Acker said her son was an artist and a new father to a four-month-old boy. “I saw him quietly do many beautiful acts of kindness throughout his whole life,” she said.
Cedric Acker, the victim’s father, said he was proud of how his son was becoming a great father himself before he died. In a statement addressing his son, he added: “You will always be in my soul.”
Winter, the Mississippi Association of Chiefs of Police director, said that when setting bond, Mauffray probably considered if Sams could be a danger to the community.
“I guess the judge came to the conclusion that no, he wasn’t,” Winter said.