Federal judge rejects pandemic-based request for pretrial release
TEXARKANA, Texas —A federal judge in Texarkana this week rejected a pandemic-based request for pretrial freedom from an accused drug dealer. Justin Rashad “Bandaid” Young, 30, was denied release this week by U.S. Magistrate Judge Caroline Craven witihout a formal hearing.
Young and his co-defendant, Joshea “Too Tall” Cardwell, 30, were first indicted in November 2018 for allegedly conspiring to distribute methamphetamine and marijuana.
A superseding indictment charging both men with conspiracy, possession of a controlled substance with intent to distribute and two counts of carrying a firearm in furtherance of a drug trafficking offense was issued July 24, 2019.
The case is currently scheduled for jury selection June 22, according to a docket entry in the case.
“The court recognizes the continuing public health emergency and will continue to evaluate the impact, if any, that emergency has on this order, keeping in mind the health and safety concerns of the public, parties and court employees and staff,” the docket entry by U.S. District Judge Robert Schroeder III states.
Texarkana lawyer Jeff Harrelson filed a motion on Young’s behalf in April seeking release from the Titus County jail because of the pandemic. Assistant U.S. Attorney Jonathan Hornok filed a response opposing Young’s release.
Hornok argued that Young has not shown that any new information previously unavailable warrants a second look at the issue of pretrial detention. The response further argues that the nature of the crimes with which Young is charged, the weight of the evidence against him and his past criminal history favor detention.
Included with Hornok’s response are photographs of drugs, guns and paraphernalia allegedly seized from Young at the time of his arrest, a photo of Young with a pistol allegedly found on his cell phone and copies of social media messages which allegedly refer to the sale of drugs and firearms.
“For example, law enforcement—who were wearing multiple body cameras— found Mr. Young in a hotel room with a loaded gun, approximately a pound of methamphetamine, approximately four pounds of marijuana, almost $2000, and a scale suitable for weighing drugs during distribution,” Hornok’s response states.
“When Mr. Young saw the police arrive at the open hotel door, he ran across the room and slammed the door shut. Additionally, an extensive digital investigation has revealed that during the conspiracy, Mr. Young was regularly involved in distributing drugs and possessing firearms.”
Other court filings in the case indicate that Young, under the name “Bandaid,” can allegedly be found in “music videos on YouTube possessing large sums of U.S. Currency, alleged controlled substances, and firearms while singing explicit lyrics, of which selling narcotics is a primary theme.”
Craven denied Young’s request this week without a hearing.
“Defendant has presented only generalized fears about COVID-19 that could apply to any prisoner. He does not argue Titus County has had an outbreak of the virus, nor does he state he has been exposed to anyone who has been diagnosed with COVID-19 or who is symptomatic,” Craven’s order states. “Defendant’s health and the public health emergency created by the COVID-19 pandemic are important considerations the Court does not take lightly. However, Defendant’s generalized concerns that apply to all detained individuals are insufficient to show a compelling reason for temporary release.”
Young faces up to life in federal prison if convicted.