He Was Out of Jail Less Than $1,000, Man Behind Bars For Infant Death

Arrested for manslaughter a mother and her boyfriend, charged with the drowning death of a nine month old. Wednesday, we got the answers to why the boyfriend was out of jail in the first place.

21 year old Elizabeth McMurray of Tyler and 46 year old Robert Kassube were arrested last night on one count each of manslaughter in the death of 9 month old, Joshua Michael McMurray. They both face multiple drug charges. Each with facing $2.3 million bail.

You first saw Kassube on our air last Thursday night. Handcuffed, after a hit and run incident when he led police on a chase. Dozens of prescription pills were discovered in his car that night. Even after all this he was out of jail the next afternoon.

Last thursday night around midnight Robert Kassube was booked into the Smith County Jail.

The bail was set by a local judge on charges of evading arrest, a $5,000 surety bond possession of a controlled substance for 83 Xanax found in his car $2,500, DWI $500, and accident involving damage to a vehicle $1,500. Totaling $9,500.

Which means he probably only had to put up somewhere around 10% around $950 to get out of jail. So despite Kassube's long list of criminal activity-- dating as far back as 1985. For what happened on last Thursday he was out of jail for less than a thousand dollars.

"We did everything that we could to the individuals that night. As far as the laws he broke he was charged with that evening. He was put in jail," said Don Martin, Tyler Police, "As far as bonds and everything go they are set by the judges. Unfortunately he was able to bond out the next day and this terrible incident happened on Saturday."

Saturday police were called to this home after nine month old Joshua Michael McMurray was found unresponsive in the bathtub with his brother.

Martin insists that there is no connection between Thursday's and Saturday's incidents.

"Bottom line. If there was anything that we would have been aware of that could have saved that child's life we certainly would have done it. No knowledge of the children, who he lived with, other than his address. It's just one of those unforseeable things," said Martin.

Following the arrest Tuesday night and a 2 million dollar, plus, bail it's going to be more than 24 hours before Kassube is out again.

CPS says they had no previous involvement with family. The first time contact made was saturday when the 9-month was found dead. The infant's 19 month old brother is with family members. Christian Ministry Bail Bonds confirmed they put up Kassube's bond, but said they would not be helping him out again.

Danielle Capper, Reporting. dcapper@kltv.com