| Man on Home
Detention on Ammo Charge Was OK-ed for
Groceries but After Deli Is Remanded
By Matthew
Russell Lee, Patreon Maxwell
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SDNY COURTHOUSE,
April 27 – Xavier Chalas
is charged with being a felon
in possession of ammo, to wit,
a magazine containing seven
cartridges of live 9mm Luger
ammunition. He has been
released on conditions,
including staying in his
apartment.
On April 11, U.S. District
Court for the Southern
District of New York
Magistrate Judge Sarah L. Cave
held a proceeding. Inner City
Press covered it.
The
complaint was that Chalas is
not in fact staying in his
apartment. Judge Cave
suggested the re-installation
of the GPS equipment there.
The response was that the
equipment was not the
problem.
Then
Chalas' lawyer said he needs
to go to the lobby to get Uber
Eats.
But the GPS
equipment wouldn't show that
as as violation. It was agreed
he can go grocery shopping,
and will have another
proceeding before Judge Cave
on April 18.
"Let's make a
good week," Judge Cave said
hopefully.
On April 18 Judge
Cave held another proceeding,
and Inner City Press again
covered it. Pre-trial services
is asking for remand to
imprisonment, saying that
Chalas is daily going out to a
deli on Madison Avenue and
East 132nd Street, near where
the shooting at issue in the
case took place.
Chalas
explained that he doesn't have
enough money for a big shop,
and needs to go to the deli
when he gets money. The AUSA
said they will be writing to
the assigned District Judge
Richard M. Berman. Judge Cave
said for now, Chalas can ask
for permission to go to the
deli from 8 am to 8 pm, but
not after.
On April 26,
this: "ORDER as to Xavier
Chalas: For the reasons stated
on the record today, the
Defendant is remanded,
effective immediately.
Defendant shall report to the
SDNY Pretrial Services Office,
500 Pearl Street, 5th Floor,
New York, New York 10007
today, April 26, 2022, by
12:00 pm. Pretrial shall then
escort the Defendant to the
Marshal's Office for immediate
surrender. Upon surrender, the
Marshal's Office and/or BOP
shall provide a medical
facility which offers
immediate mental health
counseling and medical care
for a gunshot leg wound
(physical therapy), asthma
(inhaler), and heart condition
(pacemaker and defibrillator).
(Signed by Judge Richard M.
Berman on 4/26/2022)."
The case is US v.
Chalas, 22-cr-167 (Berman /
Cave)
***
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