A Manhattan choose shot down an impassioned plea by a prosecutor to jail a parolee on a homicide indictment within the deadly mugging of a 66-year-old man, The Post has discovered.
“Obviously, Your Honor, it’s an A-1 felony,” Assistant District Attorney Jonathan Junig instructed Judge April Newbauer at suspect Eugene Clark’s arraignment Thursday.
Clark, 54, was beforehand indicted on expenses of assault and grand larceny for the violent theft of Ramon Luna on Sept. 20, 2020, authorities stated.
Luna was knocked to the bottom by a single punch allegedly thrown by Clark and was overwhelmed by the parolee and two others, inflicting mind bleeds the put him right into a coma.
Luna clinged to life for 11 months earlier than dying final August, spurring a superseding indictment for Clark on a second diploma homicide cost.
“This is a very serious case and the defendant is facing significant prison time,” Junig stated, in response to a transcript obtained by The Post. “The defendant is a violent predicate felon, “He has two felony convictions, sixteen misdemeanor convictions and eight prior failures to appear in court.”
“We are asking for remand, Your Honor, or alternatively a high form of bail as bail is necessary to ensure this defendant returns to court,” the ADA stated, in response to the transcript.
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Junig added {that a} plea deal for 18 years in jail with 5 years of post-release supervision on the desk.
Clark’s protection legal professional requested ankle monitoring, arguing his consumer had made each court docket look in previous 18 months.
“One thing you should also know is that there is a strong argument that he is not the person that even caused this person’s death,” stated legal professional Steven Hoffner. “We have retained a doctor who apparently believes, who I believe will be stating that the kick may have been one of the reasons this individual died.”
The ADA additionally argued that Clark had missed a number of court docket dates earlier than being put away for armed theft for 10 years again within the early 2000s.
Judge Newbauer sided with the protection, slicing him unfastened and on digital monitoring.
“I will advise the defendant, that if he does not come back to court and remain law-abiding while this evaluation is being done I will set monetary bail on the next court appearance,” she stated.
Judges in New York can solely take into account whether or not they consider the defendant will return to court docket when setting any financial launch.
