Rep. Clay Doggett, R-Pulaski, who drafted the Debbie and Marie Domestic Violence Protection Act even praised his colleagues for the unprecedented bi-partisan support over a bill he believes could save lives.
“I’ve never had a bill where the whole committee signed on to it before I even told them what was in the bill,” said Doggett.
However since the bill took effect in July, the phones haven’t stopped ringing.
“We found that there may be some issues and some hurdles that we’ll have to jump over because not all counties are doing things the same,” Doggett said.
Doggett knows it’s typical for the state to go through an adjustment period with any new law, but he said the stakes couldn’t be higher.
The intention behind the law was that anyone arrested for certain aggravated domestic violence charges would be required to wear a GPS device that they pay for before they’re released on bond.
As it turns out, “required” was still up for interpretation.
The law leaves just enough discretion for magistrates to decide if GPS monitoring applies to each case.
An audit by the Nashville District Attorney’s Office discovered that in the first month the law was in effect, there were 40 cases where the magistrates complied with the law and GPS devices were installed on the defendants.
There were 10 cases where the magistrates — for reasons unknown — chose not to have GPS monitoring as a condition of bail even though the charges qualified under the new law.
Some of these defendants were charged with crimes such as aggravated assault with a deadly weapon, aggravated kidnapping, and strangulation.
“One step further, it’s murder. There’s death involved. There could be serious bodily injury. There could be hospitalizations that occur from these attacks,” Doggett said.
The law also allows enough discretion for suspects to be released on bond if they can't afford to pay for the device and they're no longer considered a threat to the victim.
NewsChannel 5 legal analyst Nick Leonardo has long said this is where the state needs to find a way to pay for these devices, so victim safety is not left up to chance.
"The state can very well remedy this issue by also trying to provide some sort of funding," Leonardo said.
The District attorney's office also found five cases where the magistrates complied with the law, but bond companies said they didn’t know GPS monitoring was required before these defendants were released from jail.
“It’s discouraging to find out that there are victims out there whose perpetrators are not being monitored,” Doggett said.
Attorneys contacted these bonding agents the same day so GPS devices could be installed on each defendant. The DA's office has since filed motions to compel compliance with the law in each of these cases.
Still, victim advocates said there has to be another way.
Becky Bullard and Nashville’s Office of Family Safety published a report on what could have been different to save the lives of two women whom the law is named after.
The Domestic Violence Homicide in Nashville report avoids using names but highlights the many pitfalls in protecting victims such as Debbie Sisco and Marie Varsos.
GPS monitoring was identified as an area in much need of improvement. If it were up to her, Bullard said bond companies would have nothing to do with installing these devices.
“The bond system being the way that it is doesn’t have an emphasis on victim safety. It’s certainly around the offender appearing for their court dates, but there is not an inherent interest for victim safety within that structure,” Bullard said.
Shaun Varsos was out on bond in 2021 for allegedly strangling his estranged wife, Marie. GPS monitoring was an option for the courts, but Shaun was allowed to bond out without monitoring even though Marie still feared for her life.
A few weeks later, Shaun waited outside his mother-in-law’s home for close to an hour before storming and chasing both women down the street. Shaun fired multiple rounds and Marie fired back.
Neighbors could be heard on 911 calls telling dispatchers that, “there’s a man chasing a woman with a shotgun.”
When the gunfire finally ended, both women were dead and Shaun was wounded.
He would later take his own life.
Alex Youn has been advocating since then to implement a GPS monitoring law he believes could have saved his mother and sister.
“We lived in a constant state of fear not knowing where my brother-in-law was or what harm he could do to my sister or our family,” Youn said.
Those words helped lawmakers pass a GPS bill, and others meant to better protect victims of the worst types of domestic crimes.
Both Bullard and Youn point out that the most vulnerable time for victims is right after someone chooses to leave.
As soon as the courts or law enforcement is involved, Bullard said victims are immediately put on high alert and this is why GPS monitoring becomes such an important tool.
“We know that an offender can escalate their abuse very quickly. So, our system needs to rapidly increase our response to these cases,” Bullard.
Bullard says the recent case of Lauren Johansen not only highlights the need for a quicker response but also the need for more people to make this a priority.
Rep. Doggett said he’s now considering changes to make the language behind the law clearer — as well as creating new legislation aimed at better vetting GPS monitoring companies.
He says one common misconception is that every county has to commit to one GPS monitoring company. He says that is not true. Counties can have several monitoring companies just as they have multiple bond companies.
He’s also interested in a policy where these GPS devices are installed before an offender is released from jail. This would mean collaboration between GPS monitoring companies and the local jails.
Once again, this requires resources, but Leonardo said Metro should be able to cover those costs.
“You don’t want to count on defendants in our system to take themselves to electronic monitoring and to install a monitoring device. These are serious cases and we want this handled before they walk out of jail,” Leonardo said.
It’s a law that extends well beyond Davidson County.
It may be tough to tell how many other suspects have gone without GPS monitoring, so while each county develops its plan, Doggett knows that every second matters for these victims.
WTVF
I have been covering domestic violence, Tennessee domestic violence law and legislation for the last three years.
Shaun had strangled Marie a month before the shooting and was later arrested. Marie filed for an order of protection, but that wasn’t enough to keep Shaun from tracking her down at her mother’s home.
That bill went into effect starting July 1. It meant GPS monitoring as a condition of bail for certain domestic violence and aggravated stalking charges. This would be a device worn by and paid for by the offender.
For those who have questions, email levi.ismail@newschannel5.com.
WTVF
We know getting help may seem daunting, scary and complex. Below are some jumping-off points in your county.
All counties: Morning Star Sanctuary - (615) 860-0188 / Nurture the Next - (615) 383-0994 / The Mary Parrish Center - (615) 256-5959 / YWCA Nashville - (615) 983-5160
Bedford / Coffee County: Haven of Hope - (931) 728-1133
Cheatham County: Safe Haven of Cheatham County - (615) 681-5863
Cannon County: Cannon County S.A.V.E - (615)-563-6690
Clay County: Genesis House - (931) 525-1637
Davidson County: Family & Children Services - (615) 320-0591 / Family Safety Center - (615) 880-1100 / Jean Crowe Advocacy Center - (615) 862-4767
Dickson and Hickman Counties: Women Are Safe (931) 729-9885
Giles County: The Shelter, Inc. - (931) 762-1115
Grundy County: Families in Crisis, Inc. - (931) 473-6543
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