A lower bond was set for the jail release of an accused child killer after the judge and a prosecutor could not find the higher, recommended bail amount in the suspect’s file at his arraignment Friday.

Regardless, Daniel Jawara Foster, who refused to speak to Cochise County Superior Court Judge Jason Lindstrom during the court proceeding, will have to post a $250,000 bond in order to be released from the Cochise County Jail.

The original bond however, was $1 million.

But neither Lindstrom nor prosecutor Dan Akers — who is not assigned to Foster’s case — could locate the correct bond amount in the defendant’s paperwork. It was not until after Lindstrom ordered the $250,000 bond that Akers, who kept looking through the file, found the $1 million bond amount that was set when Foster surrendered at the jail last Saturday.

Initially, Akers had mentioned that the bond was $25,000, but both he and Lindstrom agreed that the amount was too low for the charges Foster is facing. The judge almost set the lower bond, but Akers objected repeatedly and Lindstrom then set bond at $250,000. Normally, a defendant must post at least 10% of the bail amount, in this case $25,000.

Foster and Alysha Rae Hop are charged with first degree murder in the beating death of 2-year-old Kenny Gamble. The pair is also charged with three counts of child abuse. Investigators said two older sisters of Kenny’s were mistreated by Hop and Foster. Kenny was Hop’s son.

Hop, who was on the run, surrendered in September and is being held on $1 million bond. When Foster surrendered on Nov. 6, the Cochise County Sheriff’s Office said he was being held on the same amount.

It’s unclear why that was not known at Friday’s hearing.

The boy died on June 6, 2020. Initially, Hop and Foster were considered persons of interest because they were the only ones in the apartment with the youngster the day Sierra Vista Police responded to the residence for a call of a “person not breathing.”

After Sierra Vista Police developed enough probable cause following interviews with several of the toddler’s other family members, the couple was charged and indicted by a grand jury in late August.

At the time, Hop and Foster were missing and arrest warrants with “nationwide extradition” were put out for both, Sierra Vista Police Detective Paul Youman had said.

The day police responded to Hop’s Sierra Vista apartment they discovered Kenny in his bedroom. Officers administered CPR to the child until paramedics arrived. The toddler was taken to Canyon Vista Medical Center and then to a hospital in Tucson.

At Friday’s arraignment, Foster refused to give Lindstrom his name. The defendant appeared via video from the county jail and Lindstrom had to ask a corrections officer to confirm the suspect’s identity. After that Foster repeatedly invoked his Fifth Amendment right to remain silent.

When Lindstrom and Akers were attempting to figure out the bond issue, Foster fidgeted on camera, shook his head a few times and held up a hand-written pile of papers.

Aside from the murder and child abuse offenses, Foster is also charged with kidnapping in an unrelated 2018 case.

The next hearings scheduled in his case are Nov. 19 and Dec. 23.