By BOB GIBBINS
MUSKOGEE – Federal prosecutors are appealing a magistrate’s decision to set bonds for two men charged in a Keys bank robbery.
Assistant U.S. Attorney Greg Burris filed the appeal of Magistrate Kimberly West’s decision to set $10,000 unsecured bonds for James Robert Hughart and Joshua Allen Toney.
Burris had asked that the men be detained pending their trial on charges they robbed the Bank of Commerce at Keys last month. Detention was sought because the crime was violent.
Both men were placed on home detention and are restricted to their residences except for employment, education, religious services, medical, substance abuse or mental health treatment, attorney visits, court appearances, court-ordered obligations or other pre-approved activities.
They must also submit to electronic monitoring.
Burris has asked that a hearing be set on the appeal at the earliest possible date. U.S. District Judge Ronald White will preside at that hearing.
Records from the detention hearing state that FBI Agent Daryl Berry was called as a government witness.
Prosecutors chose to rely on an affidavit he filed to support detention. Scott Miller testified for Hughart, and Tammy Toney testified for Joshua Toney.
Both men face a Dec. 10 preliminary hearing at 10 a.m.
