In the Gun Free School Zone case in Billings, Montana, Gabriel Metcalf had pre-trial detention without bail changed to release on his own recognizance due to the facts and the excellent work done by his Federal Defender, Russell Hart. Judge Cavan realized Gabriel was not a threat and released him with some restrictions.
As Gabriel was about to be released, the Yellowstone Detention Facility administration told him he could not leave. Someone had discovered a warrant for his arrest. Russell Hart said something to the effect of: we have an order from the judge for his release.
The response was, you are a federal attorney. This is a local matter. You have no say in local matters. The warrant was said to exist but was not served until Saturday in court. At some point on Saturday, Gabriel was brought before a local judge, who approved of bail with restrictions. Gabriel was not supplied with a public defender at this point. If the defendant pleads “not guilty,” it is not required for an attorney to be present at the initial appearance. Law enforcement sources have verified this is considered a valid tactical timing decision.
One of the restrictions is for Gabriel to wear a GPS monitor. Metcalf is required to pay $9.50 per day.
The primary concern at the moment is for Gabriel to obtain adequate counsel for the local charge. The jail records show the local warrant, which was never served, was for misdemeanor assault from three years ago. This was an incident of one person’s word against another’s. The police were unaware of this warrant before Mr. Metcalf was charged with breaking the Gun Free School Zone law. With proper representation, many reasonable outcomes are possible. Even if convicted, which seems unlikely, Metcalf would not be prohibited from possessing firearms.
Click the link to read the whole article: Metcalf Out of Jail
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