Prosecutor defends gun possession arrest of man who can't use his arms
A New Jersey judge has lowered bail for a man held for four months on a gun possession charge despite a spinal injury that makes him unable to use his arms.
Judge Timothy Lydon of Trenton lowered the bail for Marcus Hubbard, 28, of Salem, New Jersey, from $100,000 bond to $35,000, the Times of Trenton reports. Hubbard has been hospitalized in protective custody since the arrest.
Hubbard’s lawyer, Caroline Turner, said she would appeal, the Times says. “It shocks the conscience,” Turner said during the bail hearing. “How could [he be] held for four months on a gun charge? He cannot move his arms. They are useless to him.”
Hubbard and three others were arrested in August under a constructive possession law after police pulled over their car for running a red light and discovered a stolen gun in a seat-back pocket, the story reports. None admitted to possessing the gun.
Assistant Prosecutor William Fisher said he believed Hubbard could be charged under the law. “The police reports do seem to confirm this defendant has no use of his hands but I would disagree that that doesn’t mean necessarily that he can’t be guilty of a crime,” he said.
Turner, however, argued that anyone charged under a constructive possession law must be able to exercise control over the item.