Chicago train attack revives debate on cashless bail for repeat offenders
Fox News' Brooke Taylor and criminal defense attorney Donna Rotunno discuss an attack on a Chicago train and the shooting of two National Guard members in Washington, D.C., that sparked debate on cashless bail and the immigration process.
An Ohio repeat offender was accused of killing someone just days after a nonprofit paid his bail, which allowed him to be released from jail.
Donnie Allen allegedly shot and killed 27-year-old Benjamin McComas at a Cleveland light rail station around 7:30 p.m. Sunday, Dec. 14, according to Fox 8. Allen was charged with aggravated murder and arraigned on a $1 million bond.
Court records reviewed by Fox News Digital show Allen was charged with drug possession, breaking and entering, vandalism, obstructing official business and possessing criminal tools in relation to a separate incident at a Cleveland light rail station on Dec. 4.
His bond was initially set at $15,000, which was later lowered by Judge Joy Kennedy to $5,000 on Dec. 8. In that case, court records show that The Bail Project, a nonprofit, provided the money for Allen to be bonded out of jail, and he was released. The Bail Project paid $500 on Dec. 9 for Allen to be released from the Cuyahoga County Jail.
Donnie Allen is accused of killing Benjamin McComas. (Cuyahoga County Sheriff's Office)
Allen was arrested for the alleged murder of McComas just five days after being released from jail.
The murder suspect is a repeat offender who has previously either pleaded guilty or was convicted of the following crimes:
- 2024: Two counts of attempted burglary, assault on a peace officer, obstructing official business, resisting arrest and drug possession
- 2022: Burglary
- 2021: Burglary
- 2019: Two counts of burglary and one count of criminal damaging
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Allen's attorney, James Jenkins, told Fox News Digital that the Dec. 14 alleged murder was "far from" an intentional homicide.
Judge Joy Kennedy set Allen's initial bond. (Cuyahoga County Courts)
In response to a request for comment, a spokesperson for The Bail Project told Fox News Digital: "The Bail Project condemns violence and we are deeply concerned by the recent allegation involving Mr. Allen."
"Our mission at The Bail Project is to ensure that people are not jailed pretrial solely because they cannot afford bail. Our organization exists to address inequities in a system where wealth often determines who remains incarcerated before trial," the group said. "Any loss of life is a tragedy, and we remain committed to building a fairer, more just pretrial system that respects due process, promotes safety, and avoids a misguided reliance on cash bail."
The Bail Project didn't respond to a follow-up question asking if the organization considered Allen's previous arrests and convictions before fronting the money for him to be released.
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Police said the alleged murder happened at a Greater Cleveland Regional Transit Authority station. (Google Maps)
In written answers to a questionnaire by The Marshall Project in 2024, Kennedy said she felt bail reform was necessary.
"Bail reform is necessary to address issues of inequities within the criminal justice system. I believe this is an ever-evolving matter that must constantly be addressed to promote equal access to justice and prevent unnecessary pretrial detention," she said.
Fox News Digital reached out to the Cuyahoga County Court for comment.
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