On Feb. 3, outside the H&H Grocery in Chattanooga, Charles Key drew his gun and fired at the back tire of Jeremy Boston’s Nissan Sentra. He admitted as much, and was charged with aggravated assault and reckless endangerment.
The problem is that Key, owner of Key Bonding Co., is a licensed bail bondsman. And under Tennessee law, he can use reasonable force to bring in a person who has forfeited their bond. In this case the person Key and his partner, Antonio Boston, were hunting was Jeremy Boston’s wife.
On Wednesday, a judge ruled Key acted within his rights as a bondsman and dismissed the three aggravated assault charges against him, one each for Jeremy Boston, his wife Sonya Williams and their passenger. He bound one charge of reckless endangerment over to a grand jury.
“It speaks well of Mr. Key and what he was doing that day,” Key’s attorney, Bill Speek, said.
But Judge Gary Starnes did say that Antonio Boston used excessive force when he allegedly pointed a gun at Jeremy Boston and his mother around the time of Williams’ arrest.
“I think he went beyond what was required of a bail bondsman,” Starnes said.
Antonio Boston did not testify Wednesday but his attorney, Jonathan Turner, said “the truth will come out,” if the case moves to Criminal Court after an indictment.
At Wednesday’s lengthy hearing, Jeremy Boston — who said he is not related to Antonio Boston — testified he didn’t recognize Key when he approached his car from behind at the grocery store. He said he saw him get out of the car and then heard two shots.
“I thought I was being robbed,” he said.
Charles Key, owner of Key Bonding Company, and Antonio Boston each face three charges of aggravated assault.Boston also testified that he knew Antonio Boston to be a bail bondsman, but didn’t see the man before the shots were fired or hear him introduce himself.
Key told a different story.
He and Antonio Boston tracked Jeremy Boston’s wife to the grocery store. A warrant had been issued for Williams after she failed to appear on a misdemeanor driving charge about a month earlier. When they arrived at the parking lot, Antonio Boston got out of his car and announced himself while Key approached from another vehicle, Key said.
“We were announced as bondsmen,” Key said. “I didn’t personally do it, but we were announced.”
Key said Jeremy Boston tried to back up over him and, fearing he would hit him, he shot at his back tire with the gun he was already holding.
“It was a split-second decision, and I thought firing at the tire instead of shooting Mr. Boston was the best choice,” Key said.
What’s more, Speek revealed that Jeremy Boston had been present less than a year earlier when Key and Antonio Boston arrested Williams. He had to have recognized both men, Speek said.
After the shot was fired at H&H, Jeremy Boston drove to his mother’s house, trailed the whole way by the bondsmen. When they arrived, Jeremy Boston said his wife got directly into Key’s car because she realized what was happening. But Jeremy Boston said Antonio Boston pointed a gun in his face and in the face of his mother, Floria.
Turner argued that Antonio Boston acted appropriately and in accordance with his duties. Speek argued that Williams’, Cruz’s and Boston’s fear of the bondsmen alone didn’t rise to the level of an aggravated assault charge. He also argued that since Williams didn’t testify, there was no proof she was even afraid.
Judge Starnes agreed, dismissing all three assault charges against Key. He did find probable cause to bind the reckless endangerment charge over to a grand jury, and sent Antonio Boston’s three aggravated assault charges there as well.
Both men remain out on bond.
Contact staff writer Claire Wiseman at cwiseman@timesfreepress.com or 423-757-6347. Follow her on Twitter @clairelwiseman.