Federal prosecutors were not required to provide evidence Tuesday to support their argument that Dearius Duheart should remain in custody pending trial for alleged weapons violations.
After conferring with court-appointed defense attorney Brent M. Stockstill, Duheart stipulated that Assistant U.S. Attorney Robert W. Piedrahita would have been able to win a detention order.
Duheart, 22, and a brother, Denako Duheart, formerly were charged with first-degree murder in the 2007 beating and burning of Jason Fourmy, 39.
Those charges were dropped in 2009, after three witnesses were shot to death. No one has been charged for the witnesses’ deaths.
Denako Duheart was convicted in November of the attempted second-degree murder of Julius Carter a year earlier.
Dearius Duheart pleaded guilty in August to felony charges of possession of cocaine and possession of Schedule II drugs. As a convicted felon, he was stripped of his right to possess firearms.
On April 30, however, Dearius Duheart was a passenger in a car that was stopped in Baton Rouge for an illegal turn at 2:55 a.m. by police Cpl. Thomas Morse, according to a federal affidavit.
Special Agent Michael Desmond, of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, said in that affidavit that police Cpl. Adam Lea ordered Duheart to leave his hands where they could be seen.
Instead, Duheart reached toward the floor of the vehicle, Desmond said in the affidavit.
Lea ordered Duheart to get out of the car, Desmond added. Lea searched Duheart and discovered a 9 mm pistol tucked in the man’s pants, Desmond reported. The weapon’s serial numbers had been obliterated, Desmond wrote.
U.S. Magistrate Judge Stephen C. Riedlinger told Dearius Duheart that conviction on the two weapons charges could mean prison terms totaling 15 years and fines totaling $500,000.
“How do you plead to count one?” Riedlinger asked.
“Not guilty,” Duheart replied.
“And how do you plead to count two?” Riedlinger asked.
“Not guilty,” Duheart repeated.
Riedlinger ordered Duheart to remain in federal custody pending his trial.