RICHMOND, Va. — The family of Charles Byers made a plea to state lawmakers to support a bill that was introduced in response to the death of their son.
Byers was shot and killed by Chesterfield Police in July 2023 while he was under an active temporary detention order (TDO), which meant he was supposed to be held in a psychiatric facility for mental health treatment for up to 72 hours.
But as CBS 6 would later uncover, less than 48 hours before the shooting, Byers was arrested by Richmond Police and removed from the hospital he was admitted to due to kicking a nurse. Health inspectors found that Byers was never seen by a psychiatrist, that the hospital never told the arresting officer about Byers' TDO, and that his family was not notified of his removal.
Byers was then released back into the community by a Richmond magistrate who was unaware of Byers' TDO.
To address what she considered a systemic failure, Delegate Debra Garnder (D-Chesterfield) proposed a bill that would require magistrates to obtain an individual's TDO information before conducting a bail hearing. She has since amended the language to say magistrates should "attempt" to obtain this information.
On Monday, Gardner presented Byers' story and her proposed legislation to a General Assembly subcommittee, which decides whether to advance the bill.
“While there are many tragic aspects to his death, possibly closing this loophole and requiring this information to be provided may prevent another family from experiencing this," Gardner said.
Byers' parents were in attendance and vocalized their support for the bill.
“My husband and I believe with our whole heart that had the magistrate known that he was under a TDO, Charlie would be alive today and would have received the treatment that he desperately needed. So we urge you to please support this bill so that no other family has to endure the tragedy of losing a loved one in such a senseless way could have been prevented," Byers' mother Peggy Byers said.
However, the Legal Aid Justice Center opposed the bill, raising concerns that it could unintentionally cause delays in magistrates setting bonds.
"I really appreciate Delegate Gardner's attempts to bring some clarity to the system. It was an absolute breakdown, and what happened to their child should never have happened. I'm just not sure this bill touches on the exact place where there should be an intervention," said Maisie Osteen with the Legal Aid Justice Center. "The communication between the arresting officer that was at the hospital and the jailer— Those are the two entities that actually hold custody of the individual. The separate criminal offense— setting bond on that offense is not involved in the same mechanisms."
Ultimately, lawmakers tabled taking action on the bill for now, and Garnder agreed to continue working on the language over the next week.
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