An alleged criminal is on the run after a New York judge ignored the state’s controversial bail reform law by placing a bond on an offender, only to be overruled by a higher-level judge.
Nassau County District Judge David McAndrews understood that an accused two-time bank robber was not being charged with a “bondable or bail offense” as required by a controversial new law but placed him on a $10,000 cash or $20,000 bond hold anyway after deeming him a “menace to society.”
“I don’t want you walking around my neighborhood,” McAndrews said to accused bank robber Romell McNellis during a Jan. 9 hearing.
The judge’s decision was overturned shortly after by a higher-level judge, and McNellis was released back onto the street, where he promptly cut off his ankle monitor and is now on the loose.
“He’s out there, somewhere, able to commit another crime,” Nassau Police Commissioner Patrick Ryder said.
“It’s insane, when you think who we’re letting out of jail. It has nothing to do with justice reform,” he added. “We’re not protecting the victims, and we’ve swung the pendulum way too far.”
The new law, which went into effect on Jan. 1, requires that defendants charged with most misdemeanors or nonviolent felonies be released without bail.
When asked about the case by the New York Post, McAndrews smiled and said, “You know I can’t comment.”
New York Republicans adamantly disagreed with the law as it moved through the state legislature.
“Judges must have the discretion to set bail when it is necessary to help protect victims and ensure the safety of our communities,” state senator Patrick Gallivan said in November.
“In the rush to reform, the voices of those who work on the front lines to keep our communities safe were drowned out, and as a result, the bail reform measures will leave too many New Yorkers vulnerable come January 1,” state Sen. Sue Serino added.
NYPD Commissioner Dermot Shea has blamed the new law for a recent crime spike in New York City.
“In the first three weeks of this year, we’re seeing significant spikes in crime. So either we forgot how to police New York City, or there’s a correlation,” Shea told reporters.
