NEW YORK, NY – During an arraignment hearing Thursday in New York County Criminal Court, Deputy Public Defender Jason Adrian Martin requested a bail bond reduction for his client, proposing electronic monitoring, emphasizing the accused’s lack of criminal history and stable living situation with their mother in Queens.
Judge April A. Newbauer, however, retained the 50,000 cash bail, arguing the accused posed a significant flight risk.
The accused pleaded not guilty to a charge of attempted murder in the 2nd degree, accompanied by a charge of assault with the intention to cause serious bodily harm with a weapon.
The Assistant District Attorney referenced a video included in the discovery that showed the accused engaging in a verbal altercation with another individual on Randall’s Island.
As tensions escalated, the accused appeared to initiate a physical attack against the other individual. During the altercation, the co-accused, alleged to be the accused’s younger brother, was seen jumping in and stabbing the third party with a knife.
In reference to the video DPD Martin noted the accused was never actually in possession of the assault weapon; rather, it was a younger brother who used it.
Judge Newbauer, however, determined that, although the accused was not in direct possession of the assault weapon, as the older brother the accused should have set an example for a younger brother.
Given the severity of the alleged victim’s injuries, including lacerations to the left arm and shoulder, the Assistant DA provided a sentencing recommendation of five years of prison time accompanied by five years of post-release supervision.
DPD Martin sought to reduce the bail bond value of $50,000 cash accompanied by a 10,000 insured bond under the condition the accused screens for electronic monitoring. If approved, DPD Martin suggested the accused be released under the court’s electronic monitoring conditions.
DPD Martin added the accused lacked a criminal history, has made an effort to join the New York military branch, and, if released from custody, has a stable home with his mother in Queens.
The Assistant DA countered by urging the court to maintain the bail bond, given there had been no change in the context of the case that would justify an alteration in the current bail bond conditions, adding the third party’s significant bodily injuries and the accused’s status as a potential felon serve as further justification to maintain the bail bond.
Judge Newbauer inevitably chose to maintain the bail bond value, citing the court requires confirmation that bail money be provided before a discussion can be made for the accused to be processed for electronic monitoring.
Despite the accused’s lack of criminal history, stable home in Queens, and indirect involvement with the assault weapon, Judge Newbauer contended that without such confirmation, the accused poses a significant flight risk.
