Erbacon Arson Case Bound Over to Grand Jury; Bond for Collins Lowered

Blake Marshall Collins

The arson case against Blake Marshall Collins is now bound over to the Webster County Grand Jury after Collins waived his right to a preliminary hearing in Magistrate Court yesterday.

Collins and his attorney, Paul Williams of Summersville, signed a written waiver of the preliminary hearing before Magistrate Richard Roberston on January 30, 2013. In addition, Magistrate Robertson lowered the bond for Collins to $100,000.00, by either posting cash or a surety bond from a bondsman, with a condition of home confinement if the bond is posted. Prosecuting Attorney Dwayne Vandevender did not object to the bond being lowered.

Previously, on December 21, 2012, Magistrate Robertson continued the preliminary hearing at Collins' request until the January 30, 2013 date and lowered the bond set by Magistrate John Stone from $500,000.00 to $250,000.00, again without objection from the Prosecutor.

Before Collins waived the preliminary hearing on January 30, 2013, the Commentator has been informed that Collins and his attorney met privately with the Prosecutor and Fire Marshalls for about a half hour to discuss evidence the Fire Marshalls provided as discovery in the case.

The purpose of a preliminary hearing is to determine whether or not there is probable cause to believe that a defendant committed a felony or felonies. By waiving the hearing, Collins in effect did not contest a probable cause finding. He also gave up his right to testify at the preliminary hearing, his right to call witnesses, and his right to cross-examine witnesses that may have been called by the State.