Even though prosecutors dropped a probation violation that sent a man back to jail, a Pulaski County Circuit Court judge refused Friday to release him on bond pending trial.
“I think he could be a danger to the community. I have some concerns here,” Judge Marcus Long Jr. said before denying bond for 66-year-old David Lee Cumbee of Pulaski. He indicated his decision was based on information presented in a past hearing.
Cumbee, who faces three sex charges, had his bond revoked in May after his alleged victim claimed he called her and “threatened to cut off her head.”
However, Chris Tuck, Cumbee’s attorney, told Judge Long Friday that the Commonwealth asked that the probation violation charge be nolle prosequi (not prosecuted with the option to re-file) because the accuser failed to show up for the hearing in Juvenile and Domestic Relations Court.
In light of the alleged victim’s failure to appear, Tuck asked that Cumbee’s bond be reinstated.
Assistant Commonwealth’s Attorney Dina Branco objected to reinstatement, saying evidence from prior hearings showed Cumbee didn’t understand he wasn’t supposed to have contact with the accuser and that Cumbee’s wife allegedly helped him contact her.
In May, the judge ordered Cumbee undergo psychiatric evaluation to determine whether he is competent to stand trial on the charges of forcible sodomy, object sexual penetration and attempted sexual intercourse.
Friday, Judge Long was told the evaluation is not complete yet. A Sept. 6 hearing was set to review the psychiatric report, in hopes it will be ready by then.