Outrage over mass shooting suspect's 60K bail fueled by repeat offender's different treatment

The individual accused of a mass shooting in Alabama has been granted a bond set at $60,000, while another recent arrest involves a repeat offender who is ordered to remain in custody pending trial for assaulting an elderly woman.

In Clarke County, District Attorney Stephen Winters reported that Brandon Pugh allegedly assaulted a 75-year-old woman at her Grove Hill residence on November 2, as mentioned by WALA. The woman managed to flee to a neighbor’s house to contact the police while Pugh was attempting to undress in her home.

Pugh has a criminal history, having been convicted of indecent exposure on three occasions. In 2019, he also admitted to a burglary charge after breaking into a woman’s home with intentions of sexual assault and theft.

A judge decreed that Pugh should be detained without the option of bail under Aniah’s Law. This legislation grants judges additional power to refuse bail for individuals accused of serious offenses, including murder, first-degree kidnapping, first-degree rape, and robbery. Pugh faces charges of first-degree burglary and elder abuse.

Brandon Pugh poses for a picture

Brandon Pugh is accused of entering the home of an elderly woman without permission. (Courtesy of Alabama Law Enforcement Agency)

Reports indicate a petition has been filed to ensure Pugh remains incarcerated until his trial, due to his history of serious offenses.

Fox News Digital reached out to an attorney who last represented Pugh.

One of the suspects in an Oct. 4 mass shooting that took place following the Morehouse-Tuskegee Classic college football game in Montgomery, Alabama, was given a $60,000 bond. Montgomery Police Chief Jim Graboys said two people were killed and 12 were injured, adding that only one of the 14 victims was the intended target. He said there were multiple shooters.

The suspect, Javorick Whiting, 19, was arrested on Oct. 16 and charged with attempted murder in relation to the mass shooting. According to court documents, the person Whiting allegedly shot was last reported in critical condition.

Javorick Whiting booking picture

Booking picture of 19-year-old Javorick Whiting. (Montgomery County Sheriff’s Office)

After Whiting was taken into custody, a judge set bond at $60,000, which Whiting was able to post on Oct. 17 through a bail bond company, court records obtained by Fox News Digital show.

Prosecutors filed a motion to increase Whiting’s bond.

“The current bond amount is woefully inadequate to protect the public from this dangerous and violent criminal,” the DA’s office wrote.

Javorick Whiting being taken into custody by police

Javorick Whiting as he was taken into custody by the Montgomery Police Department. (Montgomery Police Department)

District Judge Michael Godwin denied the motion to increase bond, writing that prosecutors didn’t present any new evidence. Godwin wasn’t the judge who set Whiting’s $60,000 bond.

Richard White, Whiting’s attorney, said in an interview with Fox News Digital that a shift to no bail would be a “slippery slope.”

“There are innocent people that get arrested and it’s a slippery slope when you start just no bail for people,” White said. “But I do understand people’s frustration with that. But I just think, you know, it’s a slippery slope. And look, the case is politicized. I think that has no business in the criminal justice system.”

Republican Gov. Kay Ivey previously expressed her frustrations that Whiting was released on bond in a Facebook post.

Scene of mass shooting in Montgomery, AL.

This image taken from video provided by WSFA shows the scene after a shooting earlier Saturday in downtown Montgomery, Ala., Sunday, Oct. 5, 2025.  (WSFA via AP)

“Today, we learn that one of the four suspects has been released back onto the streets,” Ivey wrote on Oct. 20. “This is exactly the legal loophole that I and many in the Legislature sought to close when I signed the Safe Alabama package. Next May, all Alabama voters will have a chance to end mandatory bail for those suspected of attempted murder by voting to expand Aniah’s Law. I will not forget today’s troubling news when casting my vote.”

Lawmakers recently passed legislation which would add attempted murder to the list of eligible charges in Aniah’s Law, but it still needs to be approved by voters in the state.

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