Two York City men charged with committing two recent shootings had been free on bail Wednesday morning, a fact that York City Police Chief Wes Kahley said leaves him concerned and frustrated.
"These are dangerous people we know we need to get off the streets," Kahley said Tuesday. "We're dealing with people who are shooting up our neighborhoods and firing shots indiscriminately into large crowds of people."
On Wednesday morning, one of the two men, James Dennis Abney Jr., was taken into custody and had bail revoked in an unrelated case.
The district judges who arraigned and set bail for Abney and Tyree Lamar Eatmon said on Tuesday they believed strict bail conditions on the men would ensure public safety.
Abney, 26, of 236 E.
York City detectives allege Abney, known as "Dukes," was one of four men who committed a drive-by shooting on Stevens Avenue Sept. 4.
House arrest: As part of Abney's bail conditions, he was under house arrest, ordered to wear an electronic monitoring ankle cuff, according to District Judge Richard Martin II, who set Abney's bail.
"The only time he can leave (his home) is for medical appointments," Martin said, or for pre-approved meetings with his attorney.
Martin said he initially intended to send Abney to prison but changed his mind when told of Abney's gunshot wounds -- not from the Stevens Avenue shooting, but from when he was shot outside Ultraviolet's bar on July 4.
Serious wounds: Abney has an open chest wound, a temporarily paralyzed right arm and wears a colostomy bag, according to Martin and Abney's defense attorney, George Marros.
Martin said he agreed to set bail after having Abney show him the wounds.
Had county probation officials not agreed to monitor Abney's house arrest, Martin said he likely would have sent Abney to prison.
Kahley noted Abney's gunshot wounds didn't stop
Revoked: Abney's freedom was short-lived, however, because on Wednesday morning District Judge Ronald Haskell Jr.'s office revoked his $40,000 unsecured bail on a pending drunken driving charge and ordered him to pay the county $40,000 for violating a bail condition.
Haskell's written order stated bail was being revoked because Abney incurred new criminal charges.
"(The) court finds that this defendant, who is well known to the court, is a danger to the community and that no bail condition(s) will reasonably ensure public safety," Haskell's order states.
Abney also was taken into custody by federal probation officers Wednesday, York City Lt. Tim Utley confirmed. Federal officials will determine whether Abney violated his federal probation by incurring new charges. If so, his federal probation could be revoked, Utley said.
Abney remains on federal probation after pleading guilty in 2008 to assaulting a federal officer. At the time he was a wanted fugitive and rammed a vehicle being driven by a deputy marshal trying to capture him.
In York County, Abney has pleaded guilty to charges including intimidating a witness, conspiracy to commit simple assault and fleeing or attempting to elude police.
Eatmon case: Haskell is the district judge who last week arraigned Tyree Eatmon, 24, of 828 W. Poplar St., on charges including attempted homicide; the judge set bail at $25,000, which Eatmon posted.
Police allege he was one of at least two people who fired guns during a large fight Sept. 2 outside Five Guys Burgers and Fries along Route 30, during which a York City woman was shot in the head and critically injured.
Haskell said he ordered Eatmon to obey a 9 p.m. to 6 a.m. curfew and to report to a probation officer weekly. If Eatmon violates any of his bail conditions, Haskell said he has no qualms revoking bail.
Haskell said he agreed to set bail after Marros, who also represents Eatmon, said his client surrendered, gave his clothing to police for gunshot residue testing, and that video of the incident was provided to police.
Video provided: Marros said he provided detectives with two cell phone videos of the fracas.
He said the videos exonerate Eatmon; police said they continue to investigate.
"My client did not have a handgun and did not shoot anybody," Marros said. "However, we're going to let police conduct their investigation and .... hopefully the truth will come out."
Haskell said he's comfortable Eatmon's bail conditions will ensure public safety.
Abney and Eatmon are half-brothers, Marros confirmed.
Disappointed: Kahley said it's disappointing two men believed to be violent crew members were set free.
"Our officers are working hard every day, trying to make the community safer," Kahley said. "(Abney and Eatmon) turned themselves in because of the pressure we've been putting on them."
That includes having the county's Quick Response Team raid homes, and having detectives work long hours, the chief said. "The district judges didn't take into consideration the safety of the community in their final decision -- or the safety of our officers."
Marros said Haskell and Martin didn't do anything out of the ordinary when they set bail for Eatmon and Abney.
"I understand Chief Kahley's concerns for the community's safety," Marros said. "My clients may have had run-ins with the law before, but we have a system in place that everyone is innocent until proven guilty."
-- Staff writer Liz Evans Scolforo can also be reached at firstname.lastname@example.org.