The hearing, open to the public in 115th District Court at the Upshur County Justice Center, is set for 1:30 p.m. Upshur County District Attorney Billy Byrd has said he “will be adamantly opposing” Shepherd’s request to 115th District Judge Lauren Parish, filed by Arlington attorney Gerald J. Smith Sr.
Shepherd is arguing the bond is excessive, but “I think the bond’s appropriate,” Byrd told The Mirror Thursday. He said he could not further comment on why he opposed reducing it because the case involves a “pending charge.”
He also said Thursday he has not yet decided whether to seek the death penalty. Under Texas law, capital murder is punishable only by lethal injection or life imprisonment without parole.
Shepherd, 32, of Gilmer, is charged with shooting 29-year-old Cheyenne Green of Gilmer in the parking lot of Gilmer High School the night of Sept. 26 during a junior high football game at nearby Buckeye Stadium.
Court records indicate the shooting occurred in the presence of their then-18-month-old son. Shepherd, who had reportedly been involved in a custody battle with Ms. Green, had reportedly been sitting with his estranged wife at the football game and had agreed to take the child to Ms. Green at halftime.
The victim was shot three times, according to Gilmer police Investigator Roxanne Warren.
Shepherd, who turned himself in within hours after the incident, remains in Upshur County Jail. Originally charged with murder, he withdrew his first request to lower his bond at an Oct. 10 hearing after the charge against him was upgraded to capital murder.
Byrd has said the charge was changed because Shepherd is accused of killing Ms. Green while kidnapping or trying to kidnap her. Under Texas law, a person can be convicted of capital murder if he/she kills someone in the course of committing another felony.