By Jim Haley
Herald Writer
Lawyers for Tony A. Cullum of Lake Stevens had hoped the judge would reduce the $100,000 bail that was set after his arrest last week on a second-degree murder charge due to a bar fight.
They were caught off guard Tuesday when the bail was raised to $500,000.
The sum was set at a bail hearing after Cullum, 28, an engineer on a commercial fishing boat, was charged in Everett District Court Monday with murder in the death of an off-duty Bothell fire lieutenant, Gary D. McAdam.
The higher bail also came after prosecutors made new representations to the court about what witnesses told Snohomish police.
"Two witnesses saw the defendant hit the victim while he was on the ground trying to get up," said Ron Doersch, deputy prosecutor. After that, McAdam lay still.
"The defendant allegedly went back into the bar after this and told the patrons there, ‘No one saw nothing,’ " Doersch told Judge Roger Fisher.
McAdam’s widow, several friends and relatives and six Bothell firefighters also attended the hearing.
The Feb. 26 fight started inside the U &I Bar and Grill in Snohomish when McAdam became involved in a confrontation with Cullum’s 23-year-old girlfriend, an off-duty tavern employee. She was charged with misdemeanor fourth-degree assault for allegedly striking McAdam.
Then Cullum became involved in the fray, police said, but other patrons broke up the fight and pushed McAdam out the door. Prosecutors said Cullum was held back by a number of patrons but he tore loose from them, ripping his clothing, to follow McAdam onto the street.
Police found McAdam lying unconscious in the street. He was taken by helicopter to Harborview Medical Center in Seattle, but never regained consciousness.
Police also arrested three people for rendering criminal assistance for allegedly trying to help Cullum and his girlfriend.
Cullum’s lawyers, Monte Wolff and Royce Ferguson, delivered a brief biography of the defendant and 52 letters of support for Cullum, all asking for a lower bail and supporting his character.
According to the biography given to the judge, Cullum attended schools in the Everett area and graduated from Snohomish High School where he was a member of the wrestling and football teams.
He’s owned a home in Lake Stevens for 10 years and was "described as a dedicated worker and demands the respect of his co-workers," according to the representations to the judge. "He is a person who is safety minded and a responsible individual," it added.
Judge Fisher said the letters arrived in his office just before Tuesday’s hearing, and he hadn’t had time to review them. Wolff asked the judge to consider them in the future.
Prosecutor Doersch said the bail should be maintained at $100,000, but Cullum should have to post cash instead of a bond. Defendants usually pay about 10 percent of the face amount of bail to secure such a bond from a bail bondsman.
"I’ll make it bondable, but I’m going to set it at $500,000," Fisher said.
Outside the courtroom, McAdam’s family members declined to speak to reporters. But firefighter Rob Van Spaandonk said he and the others came to show solidarity with their fallen comrade and McAdam’s family.
"We will stand by the family throughout this whole proceeding and make sure that justice is served," Van Spaandonk said.
The prosecutors have until March 22 to bring the case to Snohomish County Superior Court, where felony counts are tried.
You can call Herald Writer Jim Haley at 425-339-3447
or send e-mail to haley@heraldnet.com.
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