Judge Denies Bail to Defendant for Allegedly Discharging Gun in Air

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A man charged with assault was denied bail Sept. 20 because the judge saw him as a danger to the community.

The 44-year-old defendant is charged with first-degree assault, second-degree assault, reckless endangerment, firearm use by a felon during a violent crime, firearm possession by a convicted felon, possessing a handgun on person, having a loaded handgun on person, discharging a firearm and illegal possession of ammo for an incident that took place on June 9.

According to the defense, the defendant found the victim, a woman who he didn’t know, stealing money from his home located on the 5000 block of Delagrange Avenue.

Defense attorney, Patrick Preller, said the defendant fired two shots in the air, not fired towards the victim. He said the defendant was very intoxicated on the night of the incident.

Preller requested that Judge Cynthia Jones place the defendant in a 90-day drug treatment program, saying the defendant has support from his family and had steady employment, as a roofer, before the COVID-19 pandemic.

However, the prosecution argued that the defendant and the victim were in a relationship. When the victim was leaving, the defendant threatened her, saying he would kill her and had a gun locked and loaded, the prosecutor said.

Police found the murder weapon, and shell casing were recovered from the scene.

The prosecutor pointed out that the defendant has prior convictions from 2010 and 2005 for drug possession with the intent to distribute and 2004 for second-degree assault, respectively. The convictions were confirmed by pretrial services.

Despite a recommendation from pretrial services to release the defendant on supervised home detention, Judge Jones decided to keep him held without bail.

The defendant is scheduled for reception court on Dec. 2.