Macon man who shot and killed his wife was given bond 2 months prior. Judge speaks.
The judge who granted a Macon man bond before that man later shot and killed his wife and himself in an apparent murder-suicide says he didn’t have enough information to keep the man detained.
Senior Judge Bryant Culpepper, of Bibb County Superior Court, told The Telegraph that when Wayne Fuller Jr. wanted bond on an aggravated stalking charge, “no one ... jumped up and down or said ‘Please, don’t let this guy out.’”
Culpepper said that both Fuller and the prosecutors objecting to his release had a chance to make arguments at a court hearing that took place two months before the murder-suicide, and he didn’t know anything other than what was told to him at the hearing.
Culpepper granted him bond on June 20. Wayne Fuller Jr. allegedly shot and killed Cotina Fuller before shooting himself on Aug. 16.
“I don’t enjoy days like that, when I find out that things have happened that certainly weren’t intended and weren’t really expected,” Culpepper said.
Fuller was in jail at the time because he allegedly violated a restraining order, showing up at the home where Cotina Fuller lived after she had requested a temporary protection order to get away from him. Fuller got arrested because he was sitting outside the family’s home, saying he lived there and wanted to get inside, according to court records.
What a judge heard before granting bond
Charlie Koch, the public defender who represented Wayne Fuller at the June court hearing, wanted him to be released on his own recognizance, meaning he wouldn’t have to pay bail. She said during the hearing that “he was trying to get some of his belongings, clothes and also that Mrs. Fuller was not there at the time.”
“It doesn’t appear to me that this was for the purpose of harassing her but merely for the purpose of getting some of his items,” Koch told Culpepper in court.
Koch said Cotina Fuller and Wayne Fuller were already living apart. Cotina Fuller also provided a written statement to the law office saying she wanted the charges against her husband dropped. By the time of the hearing, Cotina Fuller had requested to dismiss the temporary protective order too, according to a court transcript provided by Culpepper.
“That tells me that she is not interested in pursuing charges in this case and that she does want to have contact with Mr. Fuller,” Koch said. “In fact in that I think she wrote I do not feel my life would be in danger.”
Koch mentioned that Wayne Fuller did have felony convictions, but said one was for drug possession, according to a transcript of the court hearing. He also was arrested on a charge of family violence in 2007, according to Cotina Fuller’s request for a protective order.
The prosecutor for the case, Michele Harris, opposed releasing Wayne Fuller on bond “given the nature of the domestic situation where a TPO was heard and decided upon and is still in place.”
Cotina Fuller accused her husband of extensive violence in her request for a protective order. She alleged that he punched, drugged and burned her over several years, according to her petition. Cotina Fuller wrote in the petition that Wayne Fuller said “someone gonna die but it not gonna be me” after they discussed their relationship, especially after she wanted to separate.
Harris also argued in court that Wayne Fuller was legally required to coordinate with his wife and be accompanied by law enforcement if he wanted to get his belongings from the house.
“Regardless of what Mr. Fuller states his reason for being at the home, he was not allowed to be at the home at the time,” Harris said.
The prosecutor said she pursued the case and didn’t want Fuller released from jail because she felt Fuller was at risk for re-offending, harassing witnesses and interfering with prosecution.
Culpepper agreed to release Wayne Fuller on his own recognizance after the hearing as long as he obeyed the protective order until it was resolved. The protective order was dropped on June 26, less than two months before the murder-suicide.
‘Absolute disregard’ for the law
District Attorney Anita R. Howard called a press conference shortly after the fatal shooting to say she and her office had badly wanted to keep Wayne Fuller behind bars, and she echoed that in a statement to The Telegraph Monday. She said her office “presented the court with every bit of information we had supporting our request for no bond to protect the safety and wellbeing of Ms. Fuller.”
Howard said that Culpepper was aware of the fact that Wayne Fuller was charged with aggravated stalking, and said Culpepper had the chance to review the evidence that caused Cotina Fuller to get a protective order, but chose not to “look further into why one of his judicial colleagues believed Mr. Fuller was a safety risk.”
By violating the protective order, Wayne Fuller demonstrated “absolute disregard for the law,” Howard said.
“Most people involved in the administration of justice understand the cycle of violence and that it is common in domestic violence cases for victims to reconsider pursuing charges or protective orders,” said Howard. “This does not diminish the very real threats that prompt initial protective measures.”
“The decision to grant bond was one the Court will have to contend with moving forward,” Howard said in a statement.
‘Those people have to come together’
In the press conference she called on Aug. 19, days after Wayne and Cotina Fuller died, Howard mentioned the history of their abusive relationship.
Howard said Cotina Fuller’s request to dismiss the charges against Wayne Fuller was an example of a “classic, textbook domestic violence” cycle.
Howard said she was speaking with experts on introducing legislation that would assist victims and educate professionals on the cycle of domestic violence. She wanted “mandatory education hours for all individuals that come in contact with or make decisions about domestic violence cases.”
Culpepper welcomed the idea of educating legal officials such as himself about the cycles of domestic violence but believed that it would be a “multi-disciplinary approach,” he told The Telegraph.
Culpepper said his role is limited as a judge — which requires him to listen to two different sides of a case and make a decision. Judges can participate in structuring specific courts, like accountability courts, but they don’t operate them — another person with expertise in a specific field is responsible for the structure.
“Those people have to come together,” Culpepper said.
Victims of domestic violence can call the nonprofit crisis intervention center Crisis Line and Safe House of Central Georgia. The organization has a hotline that helps victims, which can be reached 24/7 at 478-745-9292.
This story was originally published November 20, 2024 at 6:00 AM.
