Cherokee Judicial Circuit Judge Suzanne H. Smith denied a motion to set bond for an Acworth man facing one count of aggravated child molestation in Bartow Superior Court Tuesday morning.
Defendant Kevin Ricardo McQueen, 52, has been held in pretrial detention at the Bartow County Jail since June 1.
Cherokee Judicial Circuit Assistant District Attorney Suzanne Brookshire said an investigation began in late May. She said the alleged victim in the case is McQueen’s 4-year-old daughter.
“The State’s got some concerns, quite frankly,” she told the court. “He has been arrested 60 times throughout his career, he’s got convictions — misdemeanors and felonies — stemming back from the ‘80s.”
She said the defendant’s criminal history includes one conviction for robbery and arrests for aggravated battery and terroristic threats.
“He is actually a registered sex offender from, I believe, some incidents that occurred in 1995 or 1996 in DeKalb County,” Brookshire said. “He is currently out on bond in Bartow for two felony charges — he was arrested in 2018 for theft by receiving and a [violation of the Georgia Controlled Substances Act] charge … he was again arrested in 2019 for several counts of theft by receiving stolen property.”
Considering the severity of the charges and his rap sheet, Brookshire said the State was strongly opposed to setting a bond for the defendant.
Defense attorney Danielle Warlick asked Judge Smith to consider setting McQueen’s bond at $25,000.
“Upon being made aware that a warrant was out for his arrest, he did turn himself in,” she told the court. “The last conviction he has is well over 10 years ago … he is not a violent person and I think that his criminal history shows that the court system does believe in reform, and he has reformed himself.”
Warlick said the defendant would be “amenable” to wearing an ankle monitor if released from pretrial detention.
“He is the primary financial provider for three children, two that are not biologically his,” she said. “Just having him in custody would pose a difficult hardship on them.”
Judge Smith said it remains unknown when the case may be indicted.
“None of us know at this moment in time when grand juries will be able to reconvene,” she told Warlick. “Certainly, you can have this matter on the calendar again and eligible for reconsideration if we are not able to convene a grand jury within the appropriate amount of time.”
Warlick indicated she also filed a motion for a preliminary hearing on probable cause.
“My understanding is that they have not resumed those hearings yet in magistrate court,” Smith responded. “But you can certainly coordinate that with the magistrate court here in Bartow County as to what their schedule is and when they plan to resume those hearings."