Former Sebastian City Councilman Damien Gilliams, who was removed from public office during the recall in Sebastian, may have violated his bond.
A new hearing is scheduled for 10:30 a.m. on March 30, 2022.
On September 14, 2021, Gilliams was sentenced to a term of incarceration by Judge Michael Linn after a jury found him guilty on Perjury charges and violating the Sunshine Law. Gilliams has appealed the case.
Under a condition of the appellate bond, Judge Linn ordered Gilliams to have no contact with City Manager Paul Carlisle, Jim Hill, Ed Dodd, Jeanette Williams, and Manny Anon.
However, on February 9, 2022, Gilliams was observed on the sidewalk at Sebastian City Hall right before the regularly scheduled City Council meeting.
“This area is within 100 feet of the council chambers. Mr. Hill and Mr. Dodd walked directly past Defendant to enter the council chambers. These events were witnessed by both Mr. Hill and Mr. Dodd, as well as Captain Tim Wood of the Sebastian Police Department. These events were also recorded by surveillance cameras,” court records show.
The following day, Captain Wood made contact with Gilliams in regards to his presence at City Hall. Gilliams said he was outside the council chambers to “serve papers.”
The State’s Attorney argues the “papers” were not court service papers, and Gilliams is not a Court Process Server. Instead, the papers were his own with arguments about his magistrate case against the city for shutting down his outdoor seating area at his bar, the No Name Bar.
The State’s Attorney is asking the court to revoke Gilliams’ bond.
“There are requirements that must be met before a person is granted a bond for a felony conviction, and a bond must be revoked for a new felony conviction while out on appeal. However, there are no requirements concerning the granting or revoking of an appellate bond for a misdemeanor case in which there is no new law violation,” court papers say.
Gilliams filed a response with the courts and said Judge Linn “specifically authorized Defendant to go to City Hall to take care of business and to protect his property rights.”
The judge did permit Gilliams to attend a magistrate hearing at City Hall about his bar since he was ordered to appear. Still, the State Attorney argues that the judge never authorized him to be at City Hall at any other time.
If the courts rule to revoke bond, Gilliams will have to report to jail immediately.