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Waffle House shooting suspect Travis Reinking's $2 million bond revoked; new charges added

On Tuesday afternoon, police added four counts of attempted homicide and one count of having a firearm while committing a dangerous felony.

Nashville Judge Michael Mondelli on Tuesday issued an order revoking the $2 million bond for Travis Reinking, and later in the day police added new charges against the suspect in a deadly mass shooting at an Antioch Waffle House.

Reinking, 29, is accused of killing four people and injuring several others in the Sunday morning shooting that set a city on edge and drew international media attention.

He was arrested Monday afternoon and charged with four counts of criminal homicide.

On Tuesday afternoon, police added four counts of attempted homicide and one count of having a firearm while committing a dangerous felony. One of the attempted homicide charges is against James Shaw Jr., who was heralded as a hero after he charged the gunman in the middle of the shooting.

RELATED: Waffle House shooting hero James Shaw Jr. created fundraiser for victims, now there's one for his daughter

Credit: Mark Zaleski/For the Tennessean
James Shaw Jr. holds his daughter Brooklyn Shaw, 4, as he cries while speaking during a prayer vigil at the Mount Zion Baptist Church Monday, April 23, 2018, in Antioch, Tenn.   

Reinking was originally jailed on a $2 million bond set by Night Court Magistrate Bruce Kessler. Mondelli entered an order essentially reversing Kessler's decision at 10:04 a.m. Tuesday, after widespread criticism from advocates, community members and celebrities.

Mayor David Briley shared the news that Reinking's bond was revoked in a tweet at 10:35 a.m., an unusual move that drove home the significance of the case.

Mondelli's order does not eliminate the possibility that Reinking could get a bond, but it creates hurdles that make it more likely he will stay in jail. Under the order, Reinking's attorneys would have to request a bond and argue their case in a hearing with prosecutors.

Reinking's first court appearance is scheduled for May 7 in Mondelli's courtroom.

Bond not typically set in the earliest phase of serious cases

Reinking's original $2 million bond was battered by criticism on social media. Most were outraged by the possibility that the suspect in one of the worst mass shootings in Nashville's history could walk free if he payed enough money.

Under Tennessee law, every suspect is entitled to a bond except for suspects in death penalty cases. District Attorney Glenn Funk has not announced if he will seek the death penalty in Reinking's case.

But it is unusual for suspects in homicides or serious cases to get bonds set during their first appearance before a Night Court magistrate.

“Typically you don’t set a bond in a case of this magnitude at that level,” said David Raybin, a Nashville defense attorney. “In this particular instance, I do not think it was appropriate that the magistrate set the bond at all."

Many factors must be considered before a suspect's bond is set. In homicides and other serious cases, that process can be especially complicated as investigators collect mountains of evidence.

Local experts say a magistrate typically would defer to a General Sessions judge, who could review the case in an adversarial hearing that included prosecutors and defense attorneys.

In that instance, a magistrate would enter what is called an "open court bond" that would require the defendant to ask for a bond hearing in front of a judge.

That's what happened to Emanuel K. Samson, the suspect in a mass shooting at an Antioch church in September. Samson got an open court bond and has remained in jail as his case has moved forward. His attorneys never requested a bond hearing.

By issuing his order Tuesday, Mondelli brought Reinking's case in line with many of Nashville's most serious criminal cases.

“Judge Mondelli did the right thing,” Raybin said. “Bond is off the table right now, appropriately so.”

Kessler, the magistrate who set Reinking's original bond, did not respond to messages asking about his decision.

Reinking is charged in the deaths of Taurean C. Sanderlin, 29; Joe R. Perez, 20; DeEbony Groves, 21; and Akilah Dasilva, 23.

Reach Adam Tamburin at 615-726-5986 and atamburin@tennessean.com. Follow him on Twitter @tamburintweets.

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