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The Bail Project’s Controversial Decision: A Family’s Warning Goes Unheeded with Tragic Consequences

In a heartbreaking case that raises serious questions about bail reform practices, The Bail Project has come under scrutiny after paying for the release of Donnie Allen, a repeat offender who allegedly murdered 27-year-old Benjamin McComas just days after being bonded out of jail. According to exclusive reporting by Fox News Digital, Allen is accused of killing McComas at a Cleveland light rail station on December 14, resulting in charges of aggravated murder, aggravated robbery, felonious assault, and weapons possession while under disability. The tragedy has been particularly devastating for Allen’s family members, who claim they explicitly warned The Bail Project against posting his bail, fearing exactly the outcome that tragically unfolded.

Court records reveal that Allen was already facing multiple charges from a December 4 incident at another Cleveland light rail station, including drug possession, breaking and entering, vandalism, obstructing official business, and possessing criminal tools. Initially, his bond was set at $15,000, but Judge Joy Kennedy reduced it to $5,000 on December 8. The Bail Project then provided the $500 needed to secure Allen’s release from Cuyahoga County Jail. Just five days later, Allen was arrested for McComas’s murder, confirming the fears his family had expressed to the nonprofit organization. Family members who requested anonymity told Fox News Digital that The Bail Project contacted them on December 8 and 9 about posting Allen’s bail, but they adamantly advised against his release.

“No this is not a good idea. You guys should just leave him where he is, because he’s been in and out and in and out of jail multiple times. He needs rehabilitation not release,” one family member reportedly told The Bail Project. According to the family, their concerns were dismissed. Another family member explained to Fox News Digital, “We knew that he would end up in [jail] anyway, because he does break into people’s cars and whatnot. We’ve always wanted the best for him. Whenever he starts doing good, he self-sabotages and just ends up back in jail.” The family member expressed profound regret, saying, “I just feel like the whole situation could have been avoided and a life would be living had they listened to what we had to say when they asked.” The family insisted that Allen “isn’t stable” and needed to remain incarcerated or receive professional rehabilitation rather than being released back into society.

The case becomes even more concerning when examining Allen’s extensive criminal history. Court records show he is a repeat offender with multiple convictions spanning several years. In 2024 alone, he faced charges including attempted burglary, assault on a peace officer, obstructing official business, resisting arrest, and drug possession. His prior convictions include burglary charges in 2022, 2021, and two counts of burglary plus criminal damaging in 2019. This pattern of escalating criminal behavior raises questions about the wisdom of facilitating his release, especially given his family’s explicit warnings about his instability and likelihood to reoffend. Allen’s attorney, James Jenkins, has disputed that the alleged murder was intentional, telling Fox News Digital it was “far from” an intentional homicide.

When approached for comment, The Bail Project offered a carefully worded response that neither confirmed nor denied the family’s account of events. “The Bail Project does not comment on the details of individual cases or private conversations, out of respect for client privacy, but we can confirm that family members supported this client’s release,” the organization stated. They further explained, “As with many families navigating a loved one’s incarceration, perspectives among relatives can and often do differ. The Bail Project does not adjudicate family disagreements or comment on private conversations. Our role is limited to providing court-authorized bail assistance through an established review process, not to substituting our judgment – or anyone else’s – for that of the court.” This response suggests there may have been disagreement among Allen’s family members about his release, though the family members who spoke to Fox News Digital were united in their opposition.

Tragically, this is not the first time The Bail Project has been linked to a similar situation. In Indianapolis in 2021, 24-year-old Dylan McGinnis was shot and killed by Travis Lang, who had been released from jail with assistance from The Bail Project. Lang had been held on cocaine possession and three other felony charges, including breaking and entering, resisting arrest, and burglary. After The Bail Project helped pay a portion of his $5,650 bail in January 2021, Lang was released, only to murder McGinnis in October of that same year. Lang was convicted of the murder in 2023. These cases highlight the complex ethical questions surrounding bail reform and the potential consequences when organizations facilitate the release of individuals with extensive criminal histories. While bail reform aims to address inequities in the criminal justice system, these incidents underscore the delicate balance between pretrial release and public safety, especially when family members who know the individual best express serious concerns about their stability and potential to harm others.

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