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Bond for Hubbard was first set at $2 million in Hamilton Municipal Court the morning after his arrest. However, his attorney Chris Pagan told a magistrate during arraignment Sept. 24 that his client was not “any type of flight risk.”
Assistant Butler County Prosecutor Kraig Chadrick argued that a phone call Hubbard made from jail contradicted Pagan’s claim.
“There is a jail phone call between Mr. Hubbard and his girlfriend where he indicates that if he gets any kind of bond he is going to flee,” Chadrick said in arguing for a higher bond.
A magistrate, however, lowered Hubbard’s bond to $50,000, noting the teen’s lack of adult record and minimal juvenile record.
At the request of the prosecution, a second bond hearing was held before Common Pleas Judge Michael Oster, who withdrew the $50,000 bond and ordered the teen to be held without bond until an Oct. 1 hearing.
Credit: DaytonDailyNews
The latest hearing Monday was so that the defense could hear the jail phone call and review evidence before presenting an argument on bond.
In a motion to increase bond, the prosecution stated that Hubbard shot a “13-year-old child.”
“The defendant also injured other victims and posed a threat to countless citizens when he fired more that 10 rounds across a public street in broad daylight,” according to the prosecution’s motion.
During Monday’s hearing, Pagan said after receiving more than 100 jail house calls from the prosecution, he learned that Hubbard’s personal identification number used for making such calls had been stolen.
“Clearly some of the phone calls are not him,” Pagan said.
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Chadrick objected, saying the alleged stolen personal identification number was news to him, and requested bond be set. He also said all calls placed from jail on the day of the call in question were to numbers listed in Hubbard’s own cell phone.
Pagan said he did not object to Hubbard being held without bond for another week while he meets with the teen’s family to determine which jail calls are his voice.
Oster continued the bond hearing until Oct. 8, but warned the attorneys he would be setting bond at that time.
Gilbert was shot and killed at about 6:30 p.m. Aug. 29 at an apartment complex in the 800 block of Front Street, police said.
The boy died of multiple gunshot wounds, according to the Butler County Coroner’s Office. His death has been ruled a homicide.
The second victim — Datorion Marcus Burns, 19, of Hamilton — suffered multiple gunshot wounds, according to Hamilton police. Burns is recovering.
The co-defendant in the case, Kameron Tunstall, 18, who is facing the same charges, was given bond of $500,000. Prosecutors say Tunstall conspired with Hubbard, but that Hubbard pulled the trigger.
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