Freedom was fleeting for one of two alleged shooters who incurred the ire of York City Police Chief Wes Kahley after being released on bail -- and the second could soon find himself in prison as well.
On Tuesday, Kahley told The York Dispatch he was concerned and frustrated half-brothers James Dennis Abney Jr. and Tyree Lamar Eatmon weren't locked up.
On Wednesday, Abney's bail was revoked by District Judge Ronald Haskell Jr. on an unrelated DUI case, after Haskell learned Abney had been charged for allegedly participating in a drive-by shooting on Stevens Avenue Sept. 4. Three people were injured by bullets, including Abney, police allege.
Also Wednesday morning, members of the U.S. Marshals Service fugitive task force arrested
Abney was on federal probation after pleading guilty in 2008 to assaulting a federal officer trying to capture him in York City. He is now in York County Prison and cannot get bailed out.
Motion filed: Meanwhile, the York County District Attorney's Office took a look at Eatmon's case and determined he should not remain free, according to chief deputy prosecutor Tim Barker.
Eatmon is accused of being one of at least two people to fire guns during a large fight outside Five Guys Burgers and Fries along Route 30 on Sept. 2. One woman was shot in the head and critically wounded.
Late Wednesday afternoon, Barker filed a motion in Common Pleas Court asking that Eatmon's bail be immediately revoked and he be locked up for the entirety of his criminal case, to "reasonably assure the safety of ... the community."
A hearing on the motion has been set for 10:30 a.m. Monday before Common Pleas Judge Richard K. Renn, according to court records.
The motion argues Eatmon is accused of serious violent felonies, has been associated with gang violence, has a prior criminal record including violence and drugs, and has had contact with
Bail conditions: Eatmon had been free after posting $25,000 bail set by Haskell, who imposed bail conditions that included a 9 p.m. to 6 a.m. curfew and weekly visits to a probation officer.
Haskell has said he agreed to set bail for Eatmon after defense attorney George Marros told him Eatmon surrendered to police, gave his clothing to police for gunshot residue testing, and that cell phone video of the incident was provided to police that Marros maintains will clear Eatmon.
"We understand the reasons (Haskell) used in setting bail and conditions of release, but we believe this is an individual who can't be granted bail for the safety of the public," Barker said.
Abney's $100,000 unsecured bail had been set by District Judge Richard Martin II after Abney surrendered at Martin's office on Monday morning. Unsecured bail means a defendant does not have to come up with any cash to remain free.
House arrest: Like Haskell, Martin also imposed extra bail conditions, including ordering that Abney remain on electronically monitored house arrest and be supervised by probation officers.
Martin said he had planned to set high bail, but agreed to house arrest instead because Abney continues to recover from gunshot wounds -- not from the Stevens Avenue shooting, but from when he was shot outside Ultraviolet's bar on July 4.
Abney has an open chest wound, a temporarily paralyzed right arm and wears a colostomy bag, according to Marros, who represents both Abney and Eatmon.
Martin and Haskell have said they believe the bail conditions they imposed would ensure public safety.
Bail not working? Kahley said that despite his serious wounds, Abney was still able -- allegedly -- to fire out a car window during the Stevens Avenue shooting.
"What's going to stop this guy?" the chief asked. "Obviously giving him bail isn't working. He needs to be dealt with in a harsh manner. Law enforcement and the criminal justice system in York County have to ... make sure we're all on the same page."
Kahley said Eatmon, too, must be dealt with harshly to ensure public safety.
'Crew' violence: Police say both shootings are related to ongoing violence between the city's Parkway and south-side "crews," or loosely organized neighborhood gangs.
Abney, 26, of 236 E. Cottage Place, and Eatmon, 24, of 828 W. Poplar St., are each charged with attempted homicide, aggravated assault and conspiracy to commit aggravated assault.
Marros said both men maintain their innocence.
-- Staff writer Liz Evans Scolforo can also be reached at email@example.com.