Man charged in trooper’s death bonds out of jail

Serghei Comerzan, the man charged in connection with the death of a Highway Patrol trooper in August, is out of jail hours after a judge ruled to lower his bond.

Wednesday morning a Montgomery County judge lowered Comerzan’s bond to $100,000 dollars, which was originally set at $250,000. It is also a 10% cash authorized, which means whoever pays the bond only pays $10,000 and if Comerzan follows the rules of the bond, they get that money back.

He is charged with murder for the death of trooper James Bava. Last August, Comerzan was allegedly speeding in Audrain County. Bava was reportedly chasing Comerzan when his car crashed, killing the trooper.

Both sides argued their sides for almost an hour whether or not to lower the bond.

Defense attorney Charlie James stated that Comerzan was not a danger to himself or others, that he was an honor role student and a “good and loyal son.”

He also said he felt the increased bond wasn’t reflective of the crime.

“This case is a traffic case that has been bootstrapped into a murder case,” he said. “I’m afraid (the original judge) looked at it singularly as a murder case.”

Audrain County Prosecutor Jacob Shellabarger argued Comerzan was a danger and a flight risk because “he could outrun a cop if he wanted to.”

“Trooper Bava was following the law,” he said. “If Comerzan had slowed down, Trooper Bava wouldn’t have had to speed.”

He also brought up Comerzan’s history of traffic offenses, including a 2011 driving accident and a 2015 guilty plea for speeding.

“This young man enjoyed and liked these types of motorcycles, at these kinds of speeds,” said Alice Bava, James Bava’s mother. “We know with this subculture that this is a sport and he was using the roads in Audrain County, in Mexico for his sport.”

In a courtroom statement, Alice Bava said Comerzan gave testimony that he saw the trooper’s lights go on and that “this defendant made a decision to elude a trooper.”

“Who does not know that they’re going to be pursued?” she said.

But James, the defense attorney, said Comerzan didn’t take off during the investigation so he doesn’t believe he’ll take off now.

He also said Trooper Bava didn’t actually see Comerzan during the chase and was “trying to catch up with Mr. Comerzan” and the “crash occurred because he made an incorrect move at a high rate of speed.”

“Witnesses have testified to hearing sirens and a motorcycle within a short distance of each other,” said Alice Bava.

She says Bava was trying to do his duty as a trooper and pull someone over who was speeding.

“Had he chosen not to fulfill his oath of office and this defendant had gone on to kill someone or cause a serious accident, then I suppose we would be here talking about an officer neglecting his duty,” Bava said.

Shellabarger tells ABC 17 News Comerzan posted the $10,000 cash bond and was out of jail Wednesday afternoon.

The judge has set several conditions with the bond, including that Comerzan must surrender his license.

Comerzan’s lawyer said they are glad they got the bond reduced and are content with the conditions of the bond.

“We don’t have any complaints about that,” James said.