Defendant Cannot be Released Because of Warrant

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A DC Superior Court judge was unable to release a defendant on July 1 because he has an outstanding bench warrant.

Judge Erik Christian was announcing the terms of James Demyers’ release when a representative from the Pretrial Services Agency informed him that the defendant’s warrant makes him ineligible for release. 

The warrant is from Charles County, Md. for failure to appear in court.

Judge Christian told defense attorney Richard Holliday to contact the Charles County Court to see what can be done.

Demyers, 20, was charged with simple assault, attempted threats to do bodily harm and destruction of property less than $1,000 on June 8. 

The previous day, the defendant allegedly punched a stranger on the street and then threatened to hit another stranger with a belt. 

Later that day, Demyers allegedly vandalized the toilet and destroyed one of the ceiling light fixtures within his cell. He used a glass shard from the fixture to cut himself. Eight officers detained him and removed the shards of glass from his hands as he shouted he was going to kill himself.

Demeyers has three pending cases but no prior convictions. 

Holliday said his client was in a psychotic episode when the incident occurred and has since changed his behavior.

Holliday also said the Demeyers has a heightened susceptibility to the coronavirus because his mental illnesses causes “problematic behavior.” He said if the defendant was released “somewhere there is no coronavirus,” that risk would be eliminated. 

The prosecution found these arguments to be inconsistent. 

“If he controls his behavior, he will be fine in jail,” the prosecutor said. “If he can’t, he will be at greater risk outside.”

Holliday said his client should be receiving the same treatment as Roger Stone, a friend of President Trump. The Justice Department has allowed Stone to stay out of prison due to his concerns about the coronavirus. Stone is charged with tampering with evidence in a congressional investigation. 

Judge Christian found this comparison irrelevant due to the different nature of the crimes.

Demyers’ next hearing is scheduled for July 2.