Posted on April 17, 2014 at 6:50 PM
Thursday, Apr 17 at 11:08 PM
VIRGINIA BEACH -- The man accused of fatally shooting a well-known Virginia Beach pharmacist on Monday could have already been behind bars had a judge granted the request of prosecutors.
Walter Hubbard is accused of killing pharmacist David Kilgore in an attempted robbery of his pharmacy.
Police say Hubbard then robbed a second pharmacy before leading officers on a chase that stretched for ten miles.
Court documents show Hubbard was released from jail less than two weeks before his arrest on Monday.
Hubbard was arrested for violating the conditions of a protective order against him that was taken out by his wife.
In the original application requesting the order, Hubbard's wife wrote "my spouse has a history of addiction to Oxycodone and continues to use."
His wife went on to say she feared he was a danger to himself and others and that she feared for her safety.
The protective order-- which barred Hubbard from having any contact with his wife or child-- was taken out on March 11. Court records show Hubbard violated the order for the first time on March 13 when he went to his house to take a shower.
He was arrested and released on a $2,500 personal recognizance bond, court records show.
A personal recognizance bond allows a person to be released from jail without having to put up any money. A defendant would only have to pay a penalty if he failed to appear for his next court date.
Hubbard was arrested a week later, on March 20, for violating the protective order again.
A hearing was held on April 1 to determine whether or not Hubbard should be released on bond.
At the hearing, prosecutors asked Judge Deborah Rawls to deny Hubbard bond, a spokeswoman for the Virginia Beach Commonwealth Attorney's office said.
Despite prosecutors' request, though, Judge Rawls ordered Hubbard be released from jail on a $5,000 personal recognizance bond.
Rawls also ordered Hubbard be subject to weekly telephone checks, attend substance abuse counseling, submit to random drug and alcohol testing and abstain from drinking alcohol or using any non-prescribed medication.
In the checklist to determine whether or not Hubbard should be granted bail, a magistrate noted he was already on bond for a previous violation of the protective order but said he was very cooperative.
13News Now legal analyst Kevin Duffan said deciding whether or not to grant an inmate bond is a judgment call for judges.
"Judges, of course, don't have the benefit of hindsight, as none of us do. So, they have to take the evidence that's presented and make some calculated determinations as to what may happen in the future," Duffan explained.