Daugherty, 35, director of the Libertarian Party of Texas and development director for the National Libertarian Party, has made Peterson’s role in setting the $1 million bonds the cornerstone of her campaign.

“The Eighth Amendment of the Constitution says we as Americans should be free of excessive bail,” Daugherty said. “Our founding fathers put that in there very wisely because they knew excessive bail could violate people’s rights. So when you throw almost 200 people in jail and give them each $1 million bail, that is the same as putting them in jail and throwing away the key. That is excessive.”

Peterson, a Republican, was appointed to fill the unexpired term of retired Justice of the Peace Billy Martin in December 2012. He is seeking his second four-year term. He said if he had to do it over again, he would have asked another magistrate to come in to handle the arrest warrant aspects of his duties that day while he did the inquests at the scene and at the hospital.