Convicted Sex Offender Denied Bond

Man to Face Charges of Molesting 17-Year-Old

A convicted child molester who fled to Guatemala after being arrested in Arlington County on charges of molesting a 17-year-old boy for several years was denied bond this morning during a brief hearing in Arlington Circuit Court.

Thomas R. Koucky, 41, was released on June 17 after posting a $3,000 bond set by an Arlington magistrate. His lawyer said Koucky appeared for two subsequent court hearings, but when Arlington prosecutors continued trying to have his bond revoked, Koucky fled the country rather than appear for a June 29 hearing.

Deputy Commonwealth's Attorney Theo Stamos told Arlington Circuit Judge James F. Almand today that a $3,000 bond was "preposterously low" for the charge of carnal knowledge of a child.

Stamos noted that the charge is one of several under Virginia law which presumes a defendant will be held without bond unless they can prove they are neither a flight risk nor a danger to the community. For most charges, the prosecutors must prove the defendant's danger or mobility, not the defendant.

Alene C. Grabauskas, Koucky's lawyer, said, "We have no argument with respect to that bond status." Almand then revoked Koucky's bond and returned his case to Arlington juvenile court, where his next hearing is scheduled for July 20.

Koucky is charged with molesting a teenager, now 17, over several years. Koucky was convicted in Florida in 1990 of soliciting a 13-year-old boy for prostitution, and convicted again in 1994 of soliciting a 16-year-old in Frederick, Md.

Arlington police began investigating Koucky in May, and obtained a warrant for him last month. Grabauskas said Koucky turned himself in to a magistrate on June 17, and the magistrate set bond at $3,000. The magistrate was aware of Koucky's prior convictions and rejected an Arlington detective's plea for no bond, Arlington police said.

Koucky was arraigned the next day in Arlington juvenile court, where Judge Esther Wiggins apparently recognized that $3,000 was a low bond for an accused child molester with two prior convictions, Grabauskas said. Wiggins ordered a bond hearing for three days later, on June 21.

The hearing was held by Arlington Juvenile Court Judge George D. Varoutsos, and Koucky was present. Grabauskas said she argued that Virginia law states that once a bond amount has been set by a magistrate, prosecutors may not seek to increase or revoke bond unless they can show that the magistrate had incomplete or incorrect information, or that the defendant's status had changed.

On June 21, Arlington police and prosecutors apparently had not received an April probation report in which Koucky admitted being attracted to teenage boys and that he had acknowledged "abusing around 300 boys." The report was not submitted to Varoutsos, Grabauskas said.

"Judge Varoutsos acted completely appropriately," Grabauskas said. "He followed the statute in reviewing all the criteria [for revoking bond]. The commonwealth offered no additional evidence which would warrant changing, modifying or revoking the bond."

However, three days later, according to Stamos, Koucky boarded a plane in Atlanta and flew to Guatemala City. Authorities quickly located him, Koucky surrendered, and he was returned to Arlington last Friday.

He is now being held apart from all other prisoners in the Arlington County jail.