Justice For Jay

"Justice will only be achieved when those who are not injured by crime
feel as indignant as those who are."
- King Solomon

the Facts

For the record, Jay's Toxicology Report.

May 17, 2003 at approximately 3:00am, Brandon Lee Brogan, 18, and Mark Daniel Urban, 21, failed to yield the right of way, struck and killed Jay Christopher Jarman, 35 on Hwy 17 in Myrtle Beach, SC. Brogan and Urban then fled the scene of the accident, crossed several state lines and returned to their home in St. Albans, WV.
Mark Urban was the owner of the 1995 Ford Mustang, however, Brandon Brogan was driving the vehicle. Mark Urban had cancelled his auto insurance sometime earlier, so the car was not insured.
Since Brogan & Urban left the scene, they could not be tested for drugs or alcohol. Urban celebrated his 21st birthday five days prior to the accident.

May 18, 2003 would have been Jay's 36th birthday.

May 19, 2003 we held Jay's memorial service.

May 20, 2003 was Jay's funeral.

May 22, 2003 Brogan and Urban returned to Myrtle Beach police to confess to their crime. We were told by the MB Police told us that Brogan & Urban's family had to use their rent money to fund the return trip. We're supposed to feel sorry for them?!
Brogan & Urban WERE NOT DETAINED, they WERE NOT CHARGED, they were ALLOWED TO RETURN HOME! Their driver's license record was not examined nor was a background check initiated on either of them until the day of the bond hearing.

Sat. May 31, 2003 approximately 7:30 am Brogan and Urban turned themselves in to the Myrtle Beach Police Department and were charged with "Leaving the scene of an accident with death or injury involved"

Sat. May 31, 2003 9:00 am was the bond hearing. Brogan and Urban were each "detained" on a $25,000 surety bond.
The judge told the courtroom that Brogan & Urban had been threatened and if the parties responsible for that were in the courtroom, that they should consider themselves warned. It felt as if that warning was directed at us, Jay's family that was in the courtroom, but until that day, we knew nothing about Brogan & Urban, not even their names, so we didn't know who they were to threaten them even if we had been so motivated.

Sun. June 1, 2003 at approximately 12:00 pm, Brogan and Urban were released on their own recognizance.
NOTE: There should have been a "Bond Reduction Hearing" and we, Jay's family, should have been allowed to not only attend, but be allowed to speak to the court.
By being released on their own recognizance, Brogan & Urban were released without having to pay any bail or bond.

July 17, 2003. A "preliminary court hearing" was scheduled for 10:00 am. Neither party showed up for this court date and/or it was waived.

July 25, 2003. This date was set at the bond hearing as a "MANDATORY" court appearance and Judge Hudson stated that this hearing "could not be changed". This court date was "waived".

September 5, 2003. Closed court hearing for Brogan and Urban to state their plea. This court appearance was also waived.

September 11, 2003. Brogan & Urban were indicted for "Leaving the scene of an accident resulting in death" and "True-Billed". "Lectric Law Library defines as: " TRUE BILL - These words are endorsed on a bill of indictment, when a grand jury, after having heard the witnesses for the government, are of opinion that there is sufficient cause to put the defendant on his trial."

November 21, 2003. "Roll Call"/Bond Returnable court date. This court date was waived.

January 12, 13, and/or 14, 2004. We were told that Jan. 12-14 would be a "Bond Returnable Date". We still don't understand this one.

January 30, 2004, the family of Jay Christopher Jarman, Durham, NC., killed by hit and run accident on May 17, 2003 on King's Highway, Myrtle Beach, SC., would like to have you know the following information:
We have been given a court date of Thursday February 5 at 2:00 in Conway, SC 1301 2nd Avenue in General Sessions Court for defendants:
Brandon Lee Brogan CR#: 70753 1
Mark Danial Urban CR#: 70753 2

Thursday February 5 at 2:00 in Conway, SC 1301 2nd Avenue in General Sessions Court. Scott Hixson, Solicitor.
Brandon Brogan will plead guilty to "leaving the scene of an accident with death involved". This charge is a felony and, upon conviction, carries a sentence of imprisonment for "not less than one year nor more than twenty-five years and fined not less than ten thousand dollars nor more than twenty-five thousand dollars".
We have been told that M. Daniel Urban, Jr. will also plead on Thursday, February 5. He is being charged with "mis-prison of a felony" which carries a sentence of "0 - 10 years". "Mis-prison of a felony" has been explained to us as basically, aiding and abetting a felony.

February 5, 2004,Brandon Lee Brogan pled guilty to "leaving the scene of an accident with death involved". He was sentenced to:

  • 10 years (suspended)
  • 5 years probation
  • 300 hours of community service or be gainfully employed
  • Must acquire his high school diploma
  • Mandatory random drug testing
Mark Daniel Urban, Jr., after much indecision, pled guilty to "mis-prison of a felony". He also admitted to the court before his sentencing, that while he was not under the influence of drugs or alcohol as court convened, he did have drugs in his system. He was sentenced to:
  • 10 years (suspended)
  • 5 years probation
  • 300 hours of community service or must acquire and maintain full-time gainful employment
  • Drug treatment
  • Mandatory random drug testing

(For clarity's sake, Brogan and Urban are not in jail, they are NOT being detained, the car was not impounded they have been allowed to maintain possession since the accident. Neither has had their driver's license suspended in any way.
Mark Urban has moved and has not notified the court system of his current address. He is no longer the owner of the Ford Mustang.)

May 18, 2004 Neither Brogan nor Urban have reported for supervison by West Virginia Probation. WV has refused supervison of the probation of Brogan and Urban because of conflicting address information. WV probation states that they have no knowledge of the whereabouts of Urban and suspect that he is still in South Carolina. Even though neither Felon is actually participating under any of the Probation Requirements, the time since the date of court is considered as "time served".
SC Probation claims to have located both Felons and have re-submitted paperwork in the hope that WV will agree to this second request to supervise their probation.

August 8, 2004 Finally as even in line with West Virginia Driver License Point System, the Driver’s License of Brandon Lee Brogan has been suspended for one year beginning this date. The suspension of his license required numerous phone calls to both SC and WV officials to see that this was done as prescribed by law.
M.Daniel Urban's drivers license has been suspended because he has not paid the numerous fines imposed by his numerous traffic tickets including a reckless driving ticket for totaling a vehicle after the hit and run that caused Jay's death.

September 5, 2004 We have learned that Brogan did not graduate from High School as required as a condition of his probation. SC probation has not indicated how this violation is being addressed.

September 9, 2004 We are told by SC Probation Dept that a Fugitive from Justice warrant has been issued for M. Daniel Urban. We know that Urban has been in violation of his probation since day one. It has taken seven months for SC Probation Dept to take appropriate action. A warrant for his arrest has been sent to WV Probation Dept via regular mail. We know that Urban has numerous warrants still pending court hearings.
Brandon L. Brogan is also not in compliance, however, we know that he has had several different jobs and did take a drug test in the past seven months and passed.

October 1, 2004 M. Daniel Urban has been apprehended. The West Virginia Jail and Correctional Facility Authority was nice enough to provide an "Offender LookUp" on their website.

After being arrested and confined at Kanawha County's South Central Prison, he is afforded the right to a Probable Cause hearing, then he will be transported back to SC, no matter what the outcome of the Probable Cause hearing. He will then be allowed a Bail Bond hearing, even though he was arrested under a "Fugitive at Large" warrant. A trial date will be set. We realize that most people think that if you are sentenced to probation, and you violate the terms of your probation, that you are returned to serve the original sentence as promised by the court. Not so. Violations are recorded by probation department personnel and they decide if the violation is serious enough to even be recorded. Then it seems that a collection of violations can occur before the original state of sentencing is notified. It is at the discretion of the original sentencing state if they will agree, and they must verify, that they will arrange for the extradition of the violator. What happens without the verification from the original state? We don't know. We can tell you that SC has verified that they will extradite. Now let's see what the Judge at this trial will decide for Urban, assuming, of course, that he is not given bail and absconds again.

October 15, 2004 We learned that Urban's journey of being extradited to SC began today at approximately 8:10pm. He will be incarcerated at Long Detention Center awaiting Bail Bond Hearing.

October 19, 2004 Brogan has not been in school since the sentencing, a blatant violation of his probation. Did he lie to the Judge or was he even in school when he went to court and the Judge was unaware that he had already quit? Today we learned that SC Probation is trying to establish Brogan in school so that he can complete his High School Diploma totally disregarding the fact that he is, and has been, in violation. Urban is still in transit from South Central Prison in WV.

October 26, 2004 Urban's Bond Hearing was held today at J Reuben Long Detention Center in Conway, SC at 9:00am. The judge ran down the long list of Urban's probation violations: failure to meet with his probation officer, failure to maintain full time employment, failure to pay his monthly probation fees (6 months past due), failed his first drug test, failure to show for subsequent drug tests, and failure to attend Substance Abuse Counseling.
The judge addressed the court and said, "It would be one thing if you failed to comply with one requirement, but you have failed to comply with all of your requirements." The judge set Urban's bail at $10,000 and ordered him to remain in South Carolina until his hearing which will be held on December 15, 2004 at 4:00pm in Georgetown, SC.

spacer | | ©2004 Justice For Jay