Preston Oates ordered to wear electronic monitoring system - WTOC-TV: Savannah, Beaufort, SC, News, Weather & Sports

Oates ordered to wear electronic monitoring system

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BLUFFTON, SC (WTOC) -

Preston Oates, the former tow truck driver accused of shooting and killing Carlos Olivera in Bluffton on Christmas Eve 2010, remains out of bond. But the conditions of that bond have changed.

Instead of being out on house arrest, Preston Oates will now be monitored through an electronic monitoring system and will be able to work if he chooses

The solicitor's office called for a special hearing in circuit court, asking the judge to revoke Oates' bond after they say he violated his current bond. They stated cell phone records indicated that the same phone number Oates has been using to make his regular check in calls to authorities has been pinned on cell phone towers in North Carolina.

Oates waived his presence at the bond hearing Monday, but his lawyers argued the cell phone in question was also used by other family members. 

Although Carlos Olivera's family says electronic monitoring is better security, it wasn't the decision they were hoping for.

"We want him behind bars waiting for his trial," said Nelson Olivera, Carolos Olivera's brother.  "He's had a long record since 2004. This guy is trouble maker. He's had a lot of trouble before. It was just a matter of time for him to kill somebody. If he gets out, it just a matter of time. He will kill another innocent person."

The defense has 30 days to pick out an electronic monitoring system and get it hooked up.   The judge ordered Oates to be monitored on the system for 120 days before another hearing.

Solicitor Duffie Stone says this case has been delayed because it's in the appellate process since Oates is arguing he was justified in the shooting under the Castle Doctrine, which allows people to protect themselves against attackers.

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