Judge releases 2 alleged Trenton gunmen from jail
TRENTON >> The state’s unapologetic attempt to keep two alleged Trenton gunmen locked up indefinitely without bail at the Mercer County Correction Center went down in flames Thursday as a judge denied the state’s pretrial detention motion.
Superior Court Judge Peter Warshaw secured the pretrial release for 27-year-old defendants Warren Kadeem Johnson and Breyon Wilson, saying the state failed to meet its burden of proof to justify keeping those men locked up on weapons offenses.
The judge’s decision reinforced the expectation that prosecutors must meet a high bar to justify pretrial detention for certain defendants not deemed to be the most dangerous offenders.
Ever since the state’s bail reform procedures went into effect Jan. 1, all defendants ordered to pretrial detention will be incarcerated indefinitely at the county jail without bail until their cases are resolved with an acquittal, conviction, plea deal or dismissal of all charges. Even with New Jersey’s newly dedicated commitment to delivering speedy trials, defendants on pretrial detention could be incarcerated for months before finally getting their chance to defend themselves in a trial by jury.
Wearing orange inmate jumpsuits, Johnson and Wilson each appeared before Warshaw on Thursday to attend separate detention hearings related to their recent arrests. The judge mentioned the circumstances surrounding their individual cases.
Police hauled Johnson into custody on March 14 when they arrived at his Mellon Street apartment for a reported dispute between him and his mother and found he had an active warrant for his arrest. Officers subsequently searched a bag in Johnson’s possession and allegedly found a loaded handgun, 24 plastic baggies containing suspected marijuana, several empty Ziploc baggies and a digital scale.
The cops charged Johnson with several weapons offenses and drug charges, including unlawful possession of a handgun without a permit and possession of marijuana with intent to distribute. The Mercer County Prosecutor’s Office then filed a motion seeking to place Johnson on pretrial detention, asserting they believed Johnson was at risk for failing to appear in court and at risk for conducting new criminal activity that would put the community in danger if he was released pretrial.
Trenton Police hauled Wilson into custody early Sunday morning after allegedly finding him in possession of a loaded handgun. Officials say detectives were sent to the 100 block of Oakland Street to investigate a shooting when they saw Wilson walking and adjusting his waistband. Police stopped him to investigate, and that’s when they found the gun, authorities allege.
Police charged Wilson with unlawful possession of a handgun without a permit and certain person not to have a weapon. Prosecutors then filed their motion seeking to place Wilson on pretrial detention, saying the public would be in danger if he was released pretrial.
Although the judge saved Johnson from being placed on pretrial detention, Warshaw said Johnson, a father of two, was still liable to be held on his active warrant. Whenever Johnson gets released upon resolving his outstanding warrant issues, he will be required to report to pretrial services weekly and must not commit any new offenses as conditions for his release. Other release conditions imposed on Johnson require him to refrain from possessing a dangerous weapon, prohibit him from consuming narcotics without a prescription and subject him to a curfew that bans him from going outdoors between the hours of 6 p.m. and 6 a.m., unless he gets a legitimate job that has nighttime hours and notifies the court prior to reporting to work.
Warshaw placed similar release conditions on Wilson. The New Jersey Public Defender’s Office represented both defendants.