Amid strange sequence of events, 19-year-old returns to jail on increased bond

Before his bond hearing Tuesday morning, Gary Cross walked into Hamilton County General Sessions Court a free man.

Between two arrests in December and February, the 19-year-old still faced six criminal charges, including two counts of possession of a firearm with intent to go armed, theft of property and reckless endangerment.

But since Dec. 26 – when an officer pulled him over for a broken tail light and found a gun – Cross had posted bail. And instead of shuffling into court in an orange jumpsuit and slippers, he strode into the gallery in plain clothes and a jacket.

That changed Tuesday after Judge Lila Statom increased the bond on his gun charge from December to $6,000. Until Cross posts the difference between the $4,000 hike-up and his original $2,000 bond, the 19-year-old will remain in jail.

As a condition of his release, Statom said, Cross will be placed on strict house arrest with a GPS monitor, allowed only to commute among Chattanooga State, home and church services every other Sunday with his grandmother.

“No firearms,” Statom said. “If there are any in the house, get rid of them.”

The judge also scheduled his preliminary hearing for April 7, at which time prosecutors and defense attorneys will argue over whether to send his charges to a grand jury.

On Tuesday, prosecutor Darren Gibson called Taylor Walker, an investigator with the Chattanooga Police Department, to recall the Feb. 21 shooting that sent a 14-year-old to the hospital with gunshot wounds.

That day, Walker said, officers received video footage from a private surveillance system that showed Cross walking toward a home at 2025 Ocoee St. and opening fire at 12:32 p.m. After popping off several shots, Cross walks down the street, hops into a red vehicle, and flees the scene, according to the footage.

Taylor said the footage also showed Dominique Cal running out of the house a minute later, armed with a .22-caliber rifle. Police never collected shell casings from Cross’s semi-automatic weapon, but they did find one .22-caliber casing on the front porch.

The wounded 14-year-old told police he and a friend were walking in the 2000 block of Ocoee Street around 12:30 p.m. when a man sitting on the porch fired at them. The gunshot sent them sprinting down the street, their adrenaline so high it took another minute before one boy realized he’d been hit.

Cal was arrested that day and charged with attempted first-degree murder, aggravated assault, reckless endangerment, possession of a firearm while in commission of a felony and possessing a firearm with intent to go armed.

Defense attorney Joshua Weiss argued that Cross should be placed under house arrest. He peppered Walker with questions about the lack of bullet casings recovered.

“He’s 19 years old and he has, as far as I understand, at least locally, no record,” Weiss said afterward.

Weiss was appointed to represent Cross after a strange string of events.

Last week, Gibson said, the state filed a motion to increase Cross’s bond. But the bond hearing was delayed when the Public Defender’s Office announced that it could not represent Cross because of a conflict.

On Tuesday, Gibson pushed for the bond hearing since Walker, the investigator, was leaving town that night. Although she agreed, Statom said they couldn’t proceed with anything until Cross had a lawyer.

The courtroom, of course, was completely empty.

When attorney Rip Biggs strolled in unexpectedly, Statom appointed him. He lasted two minutes before Statom considered moving the bond hearing to 1:30 p.m., which conflicted with his schedule.

Statom then appealed to attorney Larry Ables. But he’d already promised to cover the afternoon traffic docket for another judge.

In her final act, Statom sent a courtroom officer into the hallway to fetch a stray attorney. He managed to return with Weiss.

Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347 with story ideas or tips. Follow @zackpeterson918.