Published: July 09, 2008 03:27 pm            

Eustace Student out of jail

ATHENS — Chris Underhill, 18, the young man some classmates accused of having a “hit list” at Eustace High School, has been released from jail after posting a reduced bail.

District 3 Judge Mark Calhoun, who also presides over district courts in Palestine and Crockett, signed an “agreed order” while in Crockett Tuesday afternoon, faxing the document to Henderson County Jail so that Underhill could bond out.

The agreed order, signed by both the state and the defense attorneys, reduced Underhill’s bond from $50,000 to $3,500.

Underhill had spent the last 48 days incarcerated.

“I’m happy he’s being released and can get back to being with his family,” said Underhill’s defense attorney, Brian Schmidt. “We’ll see what happens in the future with the charges.”

Underhill, who was less than a week from high school graduation ceremonies, was arrested by Eustace Police and charged with a terroristic threat, a third-degree felony punishable by two to 10 years in jail, and possibly a $10,000 fine upon conviction.

He later blamed his troubles with police and school officials on younger students who he said were out to get him after he broke up with a junior high girlfriend.

Bond has gone through two attorneys trying to extricate himself from Henderson County Jail since that time.

Schmidt said the agreement is conditioned upon his client not having any contact with the complainants, possessing any weapons, or having contact with Eustace ISD while charges are pending.

A grand jury may hear his case in August, at which time they could decide whether to indict him on the terroristic threat charge.

But that all depends on whether the district attorney’s office wishes to go forward with the charges.

Though police in Eustace at first refused to confirm or deny the existence of a “hit list,” Eustace Police Chief, Robert Walker told a Tyler television station in recent weeks that no “hit list” had been found.

However, Walker had surveillance tapes from EISD’s Alternative School, where Underhill was being escorted to and from school each day, that showed Underhill showing something to other students.

Underhill, in an interview with the Cedar Creek Pilot, said he was passing out invitations to a graduation party at his home.

Underhill said the tape also may have him showing some of his art work, from a folder to classmates.

The police department also has signed statements made by unnamed students, which were part of the investigation.

Underhill said his younger brother may also have inadvertently flamed rumors about a “hit list” by telling students in what he called a sarcastic voice, that “Oh yeah, we have a hit list.”

But the younger brother also told the other students, according to Underhill, that his brother told the students the family doesn’t even have a gun, and has, in fact, never owned one.

Underhill, said some students have accused him of such things all four years he was in Eustace.

“I was actually searched three different times because people said I brought a gun to school,” he said. “They were wrong all three times, because I don’t have a gun.”

Underhill admitted he liked to wear his hair to the legal limit while going to school, and that his clothing style and long coats may have contributed to his dangerous character image.

Underhill also told the Pilot he has never threatened to kill anyone.

Eustace school officials have awarded Underhill his high school diploma.

Underhill, who is also a member of the Army National Guard, hopes for a career in the service if, and when, his current troubles are settled.

        

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