*Marcus Hubbard injured his spine and lost the use of his arms in an auto accident. Add to that the fact that he may have Lou Gehrig’s disease. So why has he been held in jail for four months on gun possession charges?
This is a question his lawyer says, “shocks the conscience.”
The Houston, Salem native has been hospitalized in protective custody since his August arrest, according to a report by NJ.com. When he was in court on Tuesday he had difficulty standing and wore a back brace, the newspaper said.
His defense attorney, Caroline Turner, was able to get his bail reduced from $100,000 to $35,000, but the lawyer argues that this is still too much. She aims to fight for his release without bail.
“How could (he be) held for four months on a gun charge?” Turner said during the bail hearing. “He cannot move his arms. They are useless to him.”
Authorities say Hubbard and three other men were in a car that ran a red light in Trenton and was pulled over. They say inside the car police officers found a stolen handgun in a seatback pocket and a prescription bottle of codeine. All four men were charged after none of them took responsibility for the items.
According to police, the gun was stolen from Anchorage, Alaska. Turner said the other men arrested in the car with Hubbard told police it didn’t belong to him and he shouldn’t be charged.
Prosecutors acknowledged Hubbard has no use of his hands but said he still could be guilty of a crime.
Turner argues that prosecutors are misstating constructive possession laws that state even someone who isn’t possessing an item can have intent to exert control over it himself or through other people, The Trenton NJ Times reported.