Daily Freeman (Kingston, NY)

Murder suspect pleads not guilty

Judge refuses to set bail

- By Patricia R. Doxsey pdoxsey@freemanonl­ine.com

KINGSTON, N.Y. » Robert Nikia “Nikki” James, one of the two Kingston men charged in the Dec. 17 shooting death of 12-yearold D’Janeira Mason in Midtown, pleaded not guilty Monday to the four- count indictment against him.

Ulster County Judge Bryan Rounds ordered James to remain in the county jail without bail, saying during an hourlong proceeding that was conducted online that, given the charges James faces and his criminal record, “there is no amount of monetary bail that could reasonably ensure this defendant’s return to court.”

James, 46, is charged with second-degree murder, felony assault and the felonies of criminal possession of a weapon and criminal facilitati­on in the Midtown homicide.

James appeared for his arraignmen­t from what appeared to be a classroom at the Ulster County Jail. His co- defendant,

Gilbert Thomas, 24, was to be arraigned at 1 p.m. Tuesday, also from the jail. Thomas has been charged with second-degree murder, felony assault and criminal possession of a weapon/

In declining to set bail for James, Rounds said the defendant has numerous

prior criminal conviction­s and could face a sentence of up to 32 years to life in state prison if convicted of all four charges in the Dec. 17 killing.

James has three prior felony conviction­s, including one for a violent act, as well as 18 misdemeano­r conviction­s, Rounds said.

Ulster County District Attorney David Clegg said James also has two pending felony drug cases and an un

related misdemeano­r case.

James’ defense attorney, Mariann Connolly, said her client is a lifelong city resident who “remains dedicated to this community and fighting these charges,” and she asked Rounds to set bail at just $500, arguing that under the state’s new bail reform laws, the judge must consider James’ ability to pay when considerin­g whether to set bail.

“Frankly, any amount

would be prohibitiv­e,” she said.

Clegg asked that James be held without bail but said that if bail was going to be set, it should be $500,000 cash or $2 million bond based on “the length and severity of his criminal history and the really horrific circumstan­ces of this particular crime.”

Clegg previously called the Dec. 17 shooting a “depraved” act.

Authoritie­s say D’Janeira died from a gunshot wound to her head after shots fired into her family’s apartment at 60 Van Buren St. struck both her and her 10-year-old brother, Dasane.

D’Janeira, who was a seventh-grader at J. Watson Bailey Middle School in Kingston, was pronounced dead at the scene. Her brother, a fourth-grader at George Washington Elementary School, suffered a gunshot wound to an arm.

Authoritie­s have not said whotheybel­ieve fired the shot or shots that killed D’Janeira and wounded her brother, and they have declined to provide a possible motive in the case.

James was arrested at 3:52 p.m. Dec. 23, and Thomas at 12:21 a.m. Dec. 24, and both were sent to the county jail without bail. They were indicted by an Ulster County grand jury last week.

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PROVIDED Robert James

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