by Matthew Russell Lee, Patreon Book Substack
SDNY EXCLUSIVE, April 19 – A man charged with firing a gun seven times on New Years Eve in The Bronx, after having previously been convicted of a felony, was indicted then ordered released on bond at 6 pm on April 18.
U.S. District Court for the Southern District of New York Magistrate Judge Jennifer E. Willis, noting that the prosecutor had not argued that defendant Haljoubey Dunlap is a risk of flight, said he could be released on $50,000 unsecured bond, immediately.
The Assistant US Attorney after for a 24 hour stay of release, to take the matter to the assigned District Judge, Paul A. Engelmayer. Magistrate Judge Willis first said she would stay her release order until 10 am on April 19.
Then, after Dunlap's Federal Defender said this was not the least restrictive condition necessary to reasonably assure Dunlap's return to court, Magistrate Judge Willis said the stay until 10 am was office.
The AUSA called Judge Engelmayer's chambers, from the Magistrate Courtroom where Inner City Press was the only media (the only civilian, in fact).
After a 10 am proceeding before Judge Engelmayer was scheduled, it being clear there was no stay, the AUSA asked for a one-hour stay so that Judge Engelmayer could consider overnight detention, at least on paper arguments.
Judge Willis granted a "temporary stay" to allow Judge Engelmayer to rule, "hopefully within the hour."
Later, much later, Judge Engelmayer ordered that "The Court, having reviewed the parties' submissions this evening, including the account and video furnished by the Government, reaffirms the stay it earlier ordered of the defendant's release. The defendant is remanded tonight."
Inner City Press went to Judge Engelmayer's courtroom at 10 am on April 19. The AUSA repeated the arguments, adding (including in writing) that Dunlap had not made any statements, but alluding to another person present denying being the shooter.
Judge Engelmayer asked question, including, Is 183rd and Webster Avenue a residential neighborhood? Actually, there was a famous / in famous apartment house fire near there. Dunlap is was said is a warehouse supervisor whose job is waiting for him.
Later on April 19: "Minute Entry for proceedings held before Judge Paul A. Engelmayer: Bond Hearing as to Haljoubey Dunlap held on 4/19/2023. Defendant present with Federal Defender Martin Cohen. AUSA Aline Flodr present for the Government. BOND APPEAL. BAIL DISPOSITION: $50,000 Personal recognizance bond; To be cosigned by two financially responsible persons; Travel restricted to SDNY/EDNY; Surrender travel documents and no new applications; Pretrial supervision as directed by Pretrial Services; Drug testing and treatment; Curfew; Electronic monitoring; Deft to continue or seek employment; Deft not to possess firearm, destructive device, other weapon; Deft to be released on own signature." And the signature is in the docket and the defendant released.
Inner City Press remains on the case.
The case is US v. Dunlap, 23-cr-197 (Engelmayer / Willis)
More on Substack here
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