A lower bond set for the release of a man charged with killing a toddler was increased on Friday after prosecutors filed an emergency motion asking the judge to rectify the error.

Daniel Jawara Foster, charged with first degree murder in the death of 2-year-old Kenny Gamble, had been given a bond of $250,000 last week in Cochise County Superior Court Judge Jason Lindstrom’s courtroom.

Friday afternoon however, Lindstrom set the bond at $1 million, which was the original amount established after Foster surrendered at the Cochise County Jail on Nov. 6.

The mix up was an oversight and an administrative snafu that occurred after Cochise County Superior Court Judge Timothy Dickerson “accelerated” Foster’s arraignment date. After the 30-year-old defendant surrendered, he was given an initial appearance where another judge set bond at $1 million.

Foster’s arraignment was scheduled for Nov. 15, but Dickerson pushed it up to Nov. 12, the emergency motion filed by Cochise County Deputy Attorney Lori Zucco shows.

Paperwork for Dickerson’s order for the new arraignment date did not make it to either the County Attorney’s Office or to Lindstrom, the emergency motion states.

Foster had his initial appearance in front of a judge on Nov. 7, a day after his surrender. That’s when the $1 million bond was initially set.

But because there was no information regarding Foster’s arraignment on Nov. 12, and nothing concerning the initial appearance, there was no indication in the file that bond was set at $1 million.

At that Nov. 12 arraignment, Assistant County Attorney Dan Akers was sitting in for Zucco, and he had no inkling regarding the higher bond amount. Akers had mentioned that there was a notation concerning a $25,000 bond, but both he and Lindstrom commented that given the charges Foster is facing, the amount was too low.

That’s when Lindstrom set the bond at $250,000.

“I had some concerns originally because I thought the state was asking for a $25,000 bond,” the judge said at Friday’s emergency hearing. “I thought it was very low, so I multiplied it by 10.

“It’s a mistake I’ll never make again,” Lindstrom added.

Both Foster and the victim’s mother Alysha Rae Hop are charged in Kenny’s death. Hop surrendered in September and she is being held on $1 million bond at the Cochise County Jail. The pair is also charged with three counts of child abuse. Investigators said two older sisters of the victim also were abused by Foster and Hop.

Mistreatment of the children and Kenny’s death occurred in Sierra Vista. The boy died on June 6, 2020, Sierra Vista Police said. At first, Foster and Hop were only persons of interest in the matter. But after Sierra Vista investigators developed more probable cause and interviewed various family members, the couple was charged with first degree murder and child abuse.

Both were on the run until September when Hop surrendered, and earlier this month when Foster did the same, investigators said.

A handful of the victims’ relatives — including Kenny’s biological father — attended the emergency hearing Friday afternoon.

On the courthouse steps after the proceedings, one of the family members addressed the bond issue and told the Herald/Review: “Just say that we’re relieved.”

Foster’s next hearing is scheduled for Dec. 23.