UPDATE (10:04 a.m. April 27)
In a response from the prosecution, filed Tuesday, officials from the prosecution stated that they oppose the motion from Bart Reagor’s legal team regarding Reagor’s release pending appeal.
According to court documents, officials from the prosecution outlined several reasons why Reagor should not be “entitled to… extraordinary and disfavored relief.” These reasons include:
- A jury convicted Reagor and Amarillo Federal Court officials denied post-trial relief;
- Reagor has not met the U.S. Fifth Court of Appeals’ “four-prong” test to overcome being detained pending appeal;
- Reagor fails to show that the argument that will be presented in the appeal process is a “substantial question” that overcomes being detained pending appeal;
- Reagor has not demonstrated that the Bureau of Prisons is unable to manage his medical condition.
Officials from Amarillo Federal Court have not provided a response to this initial motion as of Wednesday morning.
AMARILLO, Texas (KAMR/KCIT) — Bart Reagor is asking Amarillo Federal Court officials to extend his release period as his case continues the appeals process through the U.S. Fifth Court of Appeals, according to documents filed earlier this month.
According to previous reports by MyHighPlains.com, Reagor’s team officially filed an appeal in March after being found guilty of making false statements to a bank in October 2021. Reagor was sentenced to 168 months, or 14 years, in federal prison after he was convicted of intentionally using $1,766,277.77 out of a $10 million capital loan from the International Bank of Commerce (IBC) for personal gain after officials told the bank that it was solely to be used for the growth of the Reagor-Dykes Auto Group. A jury found Reagor not guilty on two counts of bank fraud.
The court documents, filed on April 22 by Reagor’s legal team, outline the reasons why they believe Reagor should continue his release through the appeal process, stressing their belief of why their appeal helps Reagor “meet the standard for such a release.” This includes the team claiming that Reagor continues to not be a flight risk, claiming that Reagor continues to not be a danger to himself and officials continuing to claim that there is no reason that the appeal is solely for the purposes of delaying the sentence.
The documents also outline Reagor’s health problems and his treatment regimen for treating Parkinson’s disease. Officials said that Reagor has been in treatment for Parkinson’s disease since May 2020.
“Allowing his release for the extra several months would allow him not to interrupt his current, complicated treatment regimen until it is certain that he will have to serve this sentence, something that will be known after the appeal is determined,” the documents read. “The consequences of an improper treatment regimen are very concerning. He will obviously have to deal with those consequences if his case is affirmed.”
In a declaration accompanying the motion, Reagor spoke about the treatment for his health issues, detailing the daily and weekly processes and how it would be impacted if he goes to prison and is ultimately released if Reagor’s legal team wins the appeal.
Reagor said the treatment regimen he is on now “cannot possibly be maintained inside a federal prison… unless it is followed or replaced by a treatment regimen that can be followed in the prison setting.” If this occurs, the symptoms have the chance to progress faster, which Reagor stressed could result in “a serious deterioration of (his) health and (could) possibly (shorten his) life expectancy.”
“I know I have to face the music of the sentence this Court has given me if the Judgment and sentence are affirmed on appeal. I only ask this Court to defer my surrender date so that if the case is reversed, I will not have been inside prison for long enough that the treatment regimen… will have been disturbed,” Reagor said in the documents. “Obviously, I will have to deal with that problem if my case is affirmed but given the fact that the appeal is proceeding quickly… I am not asking for a lengthy delay of my surrender date and I will certainly surrender whenever this Court tells me to surrender.”
Officials with Reagor’s legal team reached out to the prosecution to see if they would consent to the motion. According to the documents, officials with the U.S. Attorney’s Office “(do) not consent” to the motion for continued release pending appeal.
As of Tuesday, Reagor is required to self-surrender to federal prison before 2 p.m. May 9 to “whichever facility is designated for him by the Bureau of Prisons.” Amarillo Federal Court officials previously recommended that Reagor serve his term at the Federal Medical Center facility in Fort Worth with his ongoing medical issues. However, no designation has been sent to Reagor, according to his legal team.