Clayton Ross Fillingim, 33, of New Home would like to get out of jail.  As of Thursday, he was held for burglary of a habitation in lieu of a $200,000 bond.

In the early morning hours of October 23, Lubbock Police responded to a burglary call in the 3700 block of 28th Street.

Police were told Fillingim broke into a home and one the residents shot him.  The gunshot was not life threatening, and Fillingim was taken first to University Medical Center and then to the jail.

On Wednesday, Fillingim’s attorney filed a request to lower the bond to $20,000.

“Petitioner’s bond is excessive, oppressive and beyond the financial means of Petitioner in violation of the Eighth and Fourteenth Amendments to the United States Constitution,” the request said.

“Petitioner is a life long resident of this area and his family lives and farms in the New Home, Texas area,” the request said.  “Petitioner has a child who also lives in the area. Petitioner is 33 years old and has never before been convicted of a felony in this jurisdiction or any other.”

Fillingim’s request said he would also agree to any reasonable terms of bond to ensure the safety of the community.

State District Judge Jim Bob Darnell agreed to have a court hearing on November 15 at 9:30 a.m.