Judge Jim Fallon heard more than an hour’s testimony Monday before deciding to lower the bond set for Justin Boyce on three counts including capital murder in the death of three-year-old Breanna Michelle Perry of Denison.

Judge Jim Fallon heard more than an hour’s testimony Monday before deciding to lower the bond set for Justin Boyce on three counts including capital murder in the death of three-year-old Breanna Michelle Perry of Denison.


Boyce was indicted earlier this month on the capital murder charge, one count of murder and one count of injury to a child. Breanna Perry died on Nov. 29, 2012. On the stand Monday, Boyce said he didn’t commit those crimes. Assistant Grayson County District Attorney Kerye Ashmore asked Boyce why he is on suicide watch at the Grayson County Jail. Boyce responded, "Because you have taken away my freedom for something I didn’t do."


When Ashmore attempted to pin Boyce down about exactly what is was he didn’t do to Breanna by asking questions about the day she died, Boyce’s Attorney, Bob Jarvis, objected. Jarvis, who was the Grayson County District Attorney for 12 years, said he put his client on the stand to talk about his ability to make bond and about his medical condition. Jarvis said he stayed away from the facts of the case so that the prosecution couldn’t ask his client the questions Ashmore was attempting to ask.


Ashmore responded that Jarvis had asked his client if he had called 911 on the day the child was sent to the hospital and that opened the door for factual questions about Boyce’s alleged involvement in the injuries that resulted in the child’s death.


Jarvis disagreed, but Fallon agreed that Jarvis had asked the question about the 911 call. However, Fallon pointed out that Boyce was perfectly within his rights to take the Fifth Amendment to any question put to him by the prosecution. At that point, Jarvis moved from his seat at the defense table and stood by his client as Ashmore began asking questions about injuries the child had sustained. After Boyce answered a couple of questions with his intention to stand behind the Fifth Amendment, Ashmore said he had no further questions since he wasn’t going to get any answers.


Walking away from his client, Jarvis asked if Boyce could be excused.


Without missing a beat, Fallon said, "that would be unusual."


Boyce was not excused from the courtroom. He did, however, get a modest reduction in his bond. Jarvis said a number of times during the hearing that his client’s bond on all three charges totaled more than $1 million. He asked that it be reduced to something that was within the realm of possibility for Boyce to pay.


Fallon set the bond at $500,oo0 on the capital murder charge and $100,000 each on the other two charges bringing the total bond to $700,000. Jarvis said that he wasn’t arguing with Fallon’s ruling, but he wondered if the bond might be set in one amount since the charges all arose from a single incident. Fallon said there were three separate charges so there would be three bond amounts.


Outside the courtroom, Jarvis told members of Boyce’s family and friends, including Breanna’s mother who testified that she does not think Boyce had anything to do with the death of her daughter, that they didn’t win Monday’s round, but they didn’t really lose either. He said they had gotten the bond reduced.


During the hearing, Sara Perry said she does not believe Boyce caused the massive skull fracture that killed her youngest daughter. She said she is still in a relationship with Perry and is expecting to have his child in April. She described him as being a talkative, loving man with her and others that he knows, but reserved and quite with strangers. She said he likes order and routines and is "a creature of habits." She said he suffers from asthma, a liver condition and Asperger syndrome.


When Jarvis asked her if she noted a difference in Boyce since he has been in jail, she said he looks thinner and more pale. She also said he looked as though he had been off his medication. Further testimony during the hearing revealed that Boyce suffers from liver problems and takes medication for it. However, his mother said during her testimony, he can’t take the medication with water. He takes it with applesauce. Jarvis asked if the jail had allowed that and was told it had not. Boyce said it took a phone call from Jarvis to get the jail staff to give him his medication.


Ashmore asked Perry if she routinely left her two girls alone in Boyce’s care back in November of 2012, and she said she did not. Ashmore then asked about bruising on Breanna’s face, behind her ear and on her bottom that was significant enough that her aunt was concerned about it. Perry said she was a full-time student at the time and didn’t notice any bruising on the child’s bottom. She said she chalked the other bruises up to scuffles between the two little girls and the occasions when Breanna would fall out of bed.


Jarvis called a number of Boyce’s former co-workers who all testified that they had never witnessed him be violent or even appear to lose his temper even though he worked in loss prevention. A couple said they were shocked to hear that he had been indicted for murder in Breanna’s death because the times they saw him with the child he seemed to like her and she him.