A jailed lawman will have to undergo psychological testing before a judge will even consider lowering his bond.
Oly Ivy, 30, has been in jail since early Sunday morning. He's accused of using a taser on his live-in girlfriend.
Ivy's bond was set at $100,000. Thursday, Ivy's attorney asked a judge to lower it, so Ivy could make bail.
Leon County District Attorney Whitney Smith tried to prove Ivy was irresponsible, a flight risk and someone who had a history of domestic abuse.
Stripped of his badge and title as Oakwood Police Chief, Ivy was led into a Leon County District Courtroom wearing handcuffs and an orange jumpsuit.
Ivy's father, Morris Ivy was called as a witness for the defense. He said at the current amount, he was not able to help his son post bond, but that if his son was released, he could live with him at his home in Hillsboro.
Morris Ivy characterized Oly Ivy as responsible.
"Do you ever know of anywhere he's worked for, for more than a year?" asked Smith. "So he's basically had six different jobs in seven years?"
"The way I look at it is, he would change to better himself," said Morris Ivy.
Records from the Texas Commission on Law Enforcement Officer Standards and Education, or TECLOSE, show Oly Ivy was employed as an officer in Portsmouth Ohio for a year and three months from March of 1999 to June of 2000.
That was followed by seven stints in Texas: Lott Police Department for four months, Marlin Police Department for eight months, McGregor Police for 10 months, Valley Mills Police for nine months, Hearne Police for 11 months, and the Milam County Sheriff's Office for two years and seven months.
Ivy served as Oakwood's Police chief for two months. Monday evening the city council voted to terminate him. Council member David Neel said Ivy was still in his 90-day probation period.
During his time on the witness stand, Morris Ivy called his son's live-in girlfriend in Oakwood, a manic depressant. The 72-year-old said he couldn't remember the name of the child his son had with the accuser, only that the baby was born in January.
After his father left the stand, Ivy himself was called as a witness.
Smith asked him, "Is it also your testimony that these domestic violence events have never occurred in your life before?"
"Yes" answered Oly Ivy. "(alleged victim) is very violent."
Smith then asked "Did you ever have trouble with a lady in Ohio?"
Ivy said "yes."
When asked if an ex-girlfriend in Ohio claimed to be abused and in was in hiding, Ivy said that wasn't true. "Do you know where she is?" asked Smith. "No sir," answered Ivy.
Portsmouth Municipal Court records show Ivy was charged with domestic violence in December of 2003. The case was dismissed and the charges dropped two months later, when the victim failed to appear in court.
In the Leon County courtroom, District Judge Ken Keeling was shown pictures of the girlfriend Ivy lived with in Oakwood. The pictures were taken by Tanya Foster, an employee of Leon County Victim Services. Foster said she took the pictures two days after the victim claimed the assault occurred.
Using a laser pointer on an overhead screen, Foster pointed to several pictures showing a woman with a black eye, bruised arm, and what Foster said were taser burn marks near the eye and on the woman's side.
Texas Ranger Jim Huggins also testified for the prosecution. Huggins said another Leon County officer tipped Ivy off that a warrant had been issued for his arrest. Huggins said the officer later called dispatch to say Ivy had promised him he would surrender, but was in Falls County.
According to Huggins, when officers received the call late Saturday evening, several deputies had returned to Ivy's home to find his truck outside, but no lights on inside. Huggins said the deputies called for backup before executing the warrant.
Huggins said the deputies didn't want Ivy to see them, so they retreated. Ivy was gone when backup arrived.
Not long after, the former chief was arrested in Anderson county.
"You're not saying he ran are you?" asked Ivy's attorney, Charley Johnson.
"It was certainly convenient he was at the house and the phone call was made and he left the opposite direction," said Huggins.
"Is it standard procedure when there's a warrant for a peace officer, they back off and let him leave the scene?" said Johnson.
"It makes no sense to barge into a dark house to go get someone with weapons who has police training. Somebody's gonna get hurt," said Huggins.
Johnson told news 3 that Ivy "got up and drove to Palestine to get money out of an ATM and was arrested without incident on a traffic stop. There has not been anything at any time to indicate that he was evading arrest or putting anyone in any jeopardy," said Johnson.
After a two-and-a-half hour hearing, Judge Keeling decided Ivy's bond would stay at $100,000 for now. He ordered the former police chief to undergo a psychological evaluation in Huntsville. The judge will make a decision based on the doctor's report.
Whether he posts bond or not, Ivy is currently under an emergency protective order to stay away from his girlfriend, their young child, and her other two children.
Ivy's case is scheduled to go before a Leon County grand jury in the near future.
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