MURRAY – A habeas corpus petition filed last week by Nathan Carter, the former HOPE Calloway director charged with stealing more than $52,000 from the nonprofit, was dismissed without prejudice Monday after he posted the full $100,000 cash bond and withdrew the filing.
Murray attorney Mitch Ryan filed the petition for writ of habeas corpus in Calloway Circuit Court on Thursday, Feb. 5, challenging Carter’s detention and the constitutionality of the $100,000 cash bond set in the underlying theft case by Calloway District Judge Randall Hutchens, as previously reported by The Sentinel. In the filing, Ryan argued the bond was excessive and asked the circuit court to order Carter’s release or modify the conditions.
Carter, 40, of Kirksey, who served as executive director of HOPE Calloway – a local nonprofit serving Calloway County’s homeless population – since its inception, was arrested Wednesday, Feb. 4, after alleged financial discrepancies were discovered during a leadership transition and reported to authorities. He faces 19 counts of theft by deception ($1,000 to $10,000) and one count of theft by unlawful taking ($10,000 to $1,000,000).
Court records show Carter posted the full cash bond and was released from custody Friday, Feb. 6.
Ryan filed a notice withdrawing the habeas petition Monday, and Calloway Circuit Judge Andrea Moore subsequently entered an order dismissing the case without prejudice. A hearing previously scheduled for that afternoon was canceled.
A dismissal without prejudice means the petition could be refiled in the future, but the current habeas action is no longer active. The dismissal does not affect the criminal case, which remains pending.
Carter is scheduled to be arraigned in Calloway District Court at 9 a.m. on Tuesday, Feb. 17.
Individuals charged with crimes are presumed innocent until proven guilty in a court of law.
