Attorneys hoping for bond in case of homeless man charged with Murrysville arson

The merits of Pennsylvania’s cash bond system — along with apparent work restrictions for some Westmoreland County Prison inmates — came under scrutiny in court Tuesday during a hearing for a man accused of torching a landmark Murrysville restaurant.

Assistant District Attorney Leo Ciaramitaro and public defender Tamara Mahady agreed to a $49,999 bond for Brian Paul Lucas, 44, who is charged with arson. He is accused of setting a May 15 fire that destroyed Spaghetti & Steakhouse and Hot Rod Lounge, which had been around for about 50 years on Route 22. Lucas has been held at the jail without bond since his arrest.

Police said Lucas crossed Route 22 from the restaurant to Jim Shorkey Chevrolet, where he damaged two vehicles and later was found sleeping inside one of them. Surveillance footage showed him running around the burning restaurant and then walking to the dealership, according to court papers. Lucas, who police said is homeless, waived his right to a preliminary hearing in the case Tuesday.

The attorneys believed the bail amount requested for Lucas was a dollar less than the amount specified in a jail policy that bars some inmates from being eligible to work while incarcerted at the Hempfield facility. The attorneys put the amount at $50,000 or more. Warden Bryan Kline said the amount is $51,000.

Inmates who are jailed without bond also are ineligible to work.

“I’m currently reviewing all policies, and that’s one that I’m taking a look at,” Kline said.

District Judge Charles R. Conway thwarted the plan, saying there would be “either no bail or unsecured pretrial,” meaning Lucas would be released from the jail immediately.

“I see it as all or nothing,” Conway told the attorneys. “Cash bail is (expletive).”

The three continued to discuss the merits of cash bond and differences that exist in how the county’s 16 district judges set bond for defendants. Conway referenced a recent PennLive.com report about a Perry County man jailed on $50,000 bond for a retail theft charge that amounted to him owing a store 43 cents.

Anti-bail advocates say the cash bond system punishes defendants who cannot afford to pay an amount set by a district judge at arraignment. That leaves a person behind bars for potentially months waiting for a resolution of their case. The majority of people in local jails — about 74% — have not been convicted of a crime, according to Prison Policy Initiative.

Kline said the type of charges against a defendant also is a factor in determining whether the person is able to have a job at the jail. People at the Westmoreland County jail who meet the bond requirement can work mainly in janitorial, maintenance, laundry or kitchen jobs earning commissary credits, he said. Most workers earn 25 cents per hour. They are paid through income from the commissary, not taxpayer dollars.

Mahady and Ciaramitaro agreed to seek an order from a county judge to set the $49,999 amount.

“I respect your position on cash bail,” Ciaramitaro told Conway. “I don’t have a problem with it.”