Former Police Chief Anthony Spivey saw his bond raised to $750,000 Tuesday, and a proviso attached that the source of any bond money be examined in a hearing.
Spivey, 34, was arrested by the State Bureau of Investigation at his Fair Bluff home Monday on 73 felony counts of altering or destroying evidence, embezzlement, altering prescriptions, and trafficking in opiates. He faced a judge in a bond hearing for the first time Tuesday. A probable cause hearing was scheduled for May.
As of Tuesday (today), 18 cases have been dismissed due to evidence that was missing or altered while in custody of the Chadbourn Police. Additional cases will likely be thrown out, District Attorney Jon David told the court during Spivey’s first appearance.
Spivey was placed on administrative leave from the Chadbourn Police March 4 after failing to provide evidence for a court case on the day of trial. David said the evidence that was brought to the court that day – more than an hour late – had been unsealed. Spivey resigned April 4, citing inference with the police department by town staff and council members.
While the bond was originally set at $665,000 by a magistrate, Spivey’s bond was raised at the request of the DA’s office, citing the severity of the crimes. David asked for a $1 million cash bond, but District court Judge Calvin Chandler reduced that amount to $750,000. Chandler did approve David’s request that if bond is posted, either through a bail bondsman or individuals, that a hearing be held prior to Spivey’s release to determine the source of the funds.
Spivey is charged with stealing opiates, guns and more than $30,000 in cash from the CPD evidence room.
“That money is gone,” David said. “We have no way of knowing, if bond is granted, whether the stolen funds is being used to pay the bond.”
Spivey, who appeared in court in chains and a jumpsuit, told Chandler he wanted to hire his own attorney.
“I strongly suggest you do so as quickly as possible,” Chandler said.
Spivey quietly asked that the bond be reduced and that he be released.
“I have been nothing but cooperative,’ Spivey said. “I haven’t gone anywhere since this started. I haven’t been anywhere but right around my house. When the SBI called me, I was right there. I didn’t argue. I did nothing but cooperate.
“You honor, I have three small children and a wife at home. I need to be there for them.”
David said that while he recognized the danger to a former law enforcement officer in jail, Spivey still needed to be under bond if he is released.
This is a developing story.