Judge denies bail for Chad Holley, victim in 2010 police beating now charged with murder

Chad Holley, the victim in the city's largest police brutality case, is accused of capital murder was denied bond Monday, Feb. 13, 2017, in Houston. Holley's court appointed attorney Philip Scardino points to his girlfriend, Jade Mutin to take the stand. less Chad Holley, the victim in the city's largest police brutality case, is accused of capital murder was denied bond Monday, Feb. 13, 2017, in Houston. Holley's court appointed attorney Philip Scardino points to ... more Photo: Steve Gonzales, Houston Chronicle Photo: Steve Gonzales, Houston Chronicle Image 1 of / 11 Caption Close Judge denies bail for Chad Holley, victim in 2010 police beating now charged with murder 1 / 11 Back to Gallery

A state district judge on Monday denied bail for Chad Holley, the man whose beating by several Houston police officers was captured on videotape in 2010 and who now faces an unrelated charge of capital murder.

State District Judge Hazel Jones noted that Holley, 22, was not complying with the probation restrictions he was under for a separate burglary charge when he was arrested last year for a shooting.

The judge said she would re-consider her order after Holley's case goes before the grand jury.

Holley's attorney, Philip Scardino, argued that Holley was being held on "thin evidence." He said a witness, who has not been publicly named, told police that Holley admitted to fatally shooting a 42-year-old man over a drug debt on Sept. 21.

"They don't have any fingerprints, they don't have any DNA, they don't have any other evidence, they don't have the gun," Scardino said. "They don't have anything to connect Mr. Holley to this crime except the testimony of this one person."

During the brief hearing, prosecutor Cameron Calligan argued only whether Holley should get bail, noting that court records show he was not making his curfew checks for a month last year, a time period that includes the day of the murder.

Calligan said the Harris County District Attorney's Office has yet to decide whether to seek the death penalty for capital murder.

In court, Holley's girlfriend testified that he was making his curfew, but there were problems with the ankle monitor and check-in system. She said the couple is indigent and had their electricity turned off several times, which rendered the monitor useless. She also admitted there were nights he did not come home, because they were fighting.

There are several kinds of ankle monitors, including models that detect alcohol consumption and others that are GPS tracking devices. When he was arrested, he was wearing a monitor that kept track of whether he was home during his curfew hours from midnight to 6 a.m. It did not monitor whether he was near the scene of the capital murder, Scardino said.

The lawyer said he had hoped to convince the judge to release Holley without bail, because he is indigent, and keep him under house arrest with a GPS ankle monitor that would alert authorities if he left home.

Holley, who appeared in court in an orange jail uniform, did not testify.

He has remained in the Harris County Jail without bail since being arrested last year.

brian.rogers@chron.com

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