Documents referencing his detention hearing do not go into specifics but a minute entry in the record does note Burgess appeared in Greenville with his counsel and the United States assistant district attorney before Magistrate Judge Kimberly A. Swank. “Court finds the defendant is not suitable for release,” the notation says, “ordered detained pending trial.”
United States District Judge Louise Wood Flanagan last week signed an order setting Burgess’s arraignment date for the May 16 term of court in New Bern, records show.
A pre-trial conference will be held on April 12 and motions are due by April 26.
Burgess’s indictment stems from a shots fired call last October in the area of Highway 48 and Carolina Rest Home Road and a subsequent traffic stop.
Halifax County Sheriff’s Office Corporal Roger Jenkins encountered Burgess, 34, and a handgun fell from his pants leg.
Burgess was arrested and charged with carrying a concealed weapon and possession of firearm by felon.