Fugitive captured in Ohio

Attorney General Bill Schuette on Thursday announced the arrest of a convicted murderer who fled justice, Dwayne Ballinger, 31, of Detroit.

On April 11, 2013, Ballinger fled the state after cutting a court-ordered tether device. Ballinger had been granted release on bond by U.S. District Court Judge Arthur Tarnow, even after the U.S. Court of Appeals for the 6th Circuit overturned the trial court decision that opened the door for his release, and over objections by Schuette, who repeatedly attested Ballinger was a flight risk and a danger to society with a record of intimidating witnesses.

"Dwayne Ballinger is a dangerous murderer who belongs behind bars for the rest of his life," said Schuette. "Ballinger should never have been released, and now the victims' families, witnesses and the public at large will be safer with him in custody."

Ballinger was apprehended by authorities in Columbus, Ohio.

He was convicted in 2006 on two counts of first degree premeditated murder. Ballinger was sentenced to life in prison without parole. After exhausting his direct appeals, Ballinger pursued federal habeas relif, Tarnow granted his habeas petition relief and on June 18, 2012, released Ballinger on bond.

On February 19, 2013, Tarnow gave Ballinger permission to travel to West Virginia to attend a family gathering. Schuette appealed the grant to the U.S. Court of Appeals for the 6th Circuit, but they declined to rescind the permission.

On March 4, a panel of judges on the U.S. Court of Appeals for the 6th Circuit reversed Judge Tarnow's original grant of a writ of habeas corpus. That same day, Schuette filed a motion to revoke bond, which Tarnow denied. Schuette filed an emergency appeal with the U.S. Court of Appeals for the 6th Circuit.

On April 11, the U.S. Court of Appeals for the 6th Circuit issued an order granting Schuette's motion to revoke bond and return Ballinger to prison.

Tarnow ordered Ballinger to surrender for processing by 3 p.m. on April 11. At 3:04 p.m., Ballinger cut his tether and fled.

Published: Mon, May 20, 2013

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