False ID leads to another Durham bail error

Murder suspect gave phony name

DURHAM -- A murder suspect with a lengthy rap sheet was released from jail Sunday after giving a police officer and a magistrate a false name.

It's the latest chink in the armor of the Durham County Magistrate's Office. The office has come under fire from community groups after a string of suspects were released on bail while waiting to be tried for murder, and released again on bail shortly after being arrested and charged with new crimes.

Antonio Leon Barbee, 21, absconded to Myrtle Beach, S.C., upon posting bail hours after his arrest Sunday on drug and gun charges.

It was discovered Monday that Barbee had been arrested under the wrong name, and a new warrant was issued for him. He was arrested again early Wednesday in a Myrtle Beach motel room and extradited to Durham on Thursday afternoon where he remains in jail without privilege of bail.

Barbee's arrest Sunday should have been enough to keep him behind bars for a while, because he also was wanted for skipping his Sept. 5 court date on a 2001 murder charge.

But Barbee had told the arresting police officer and the magistrate that he was Anthony Leon Nesmith. He said he didn't have any identification.

He was booked under the Nesmith name and Social Security number and given a $15,000 bail, and left jail within hours, said Chief Magistrate Chet Dobies.

Magistrates usually are swamped and rely on police officers to provide accurate information, Dobies said in an interview Thursday.

"It's not the magistrate's role to ID every person that comes in," he said.

Community activist Ken Gasch said he understands the judicial system is overburdened, but he doesn't think that's an excuse.

"... This one's kind of corrected itself," Gasch said. "But it shouldn't have happened in the first place."

It's not uncommon for arrested persons to give a false name or otherwise try to fool authorities, Dobies said. Barbee is particularly slippery, listing four separate addresses on his various arrest reports, he noted.

"He does that on purpose," Dobies said. "He knows exactly what he's doing."

Dobies said you don't need an identification card to post bail.

He said the bail bondsman who sprung Barbee should have made sure of the person's identity.

"If he wants to put up $15,000 for someone he doesn't know, that's his business," Dobies said. "But I can't imagine he'd post a bond for someone he didn't know."

Durham police familiar with the case could not be reached for comment.

The U.S. Marshals Service tipped off Myrtle Beach authorities that Barbee was at a motel registered under Barbee's girlfriend's name, said Investigator Brenda Christy of the Myrtle Beach Police Department.

They began staking out the Sea Dunes Oceanfront Motel on Tuesday night. They obtained a key to his room from management and entered the room about 1 a.m., Christy said.

"He was so shocked when we came through that door he had no opportunity to flee at all," she said.