In February 2010, he was released from prison. Three months later, in May, he was arrested again for domestic abuse.
"Based on Mr. Simmons' incredibly large criminal history...the State does ask at a minimum, $100,000," Kragnes said.
Russell expressed his anger at Kragnes' decision to discuss Kirk's past criminal history. Judge Terry Rickers asked Russell if the court was not supposed to take Kirk's past criminal history into account during a bond review hearing.
"The court has to consider a defendant's likelihood to appear for future court appearances," Rickers said. He said it would be "naive" to not discuss criminal history. He ruled that the bond would remain the same.
The court then shifted its focus to Sarah.
Sarah was also denied pretrial release, due to unpaid court obligations. Moss pled with the court, saying that Sarah has two children to look after. If released, she would live with her mother-in-law, and would stipulate to electronic monitoring.
Kragnes argued that Sarah's bond should remain the same as well, because Sarah was an integral part of the manufacture of meth. She also had a problem with Sarah's plans to move in with the mother of her co-defendant.
Rickers saw distinctions between Sarah's issues and Kirk's. Her bond was lowered to $50,000.
A pretrial conference in both cases is scheduled for Feb. 1 at 9:30 a.m. Kragnes went on the record further, to discuss the plea offers extended to the defendants. Sarah would not be asked to testifiy against Kirk if she told the court what she did. The charges against her would be reduced and the State would recommend a lighter sentence for her.
If Sarah does not plead, and the State is forced to fly in the case agent, former Knoxville Police Officer Jennifer Segall, who has moved to Montana, the costs of flying her back would be assessed to the defendant. That same stipulation applies to Kirk's plea agreement.
If Kirk pleads guilty, he would be sent to prison immediately, but the State would not pursue any "habitual offender" status against him.