Kevin Elrod waived his right to a detention hearing Wednesday and was remanded by a United States magistrate judge to be held pending his trial.
Elrod was federally indicted in July for the February armed robbery of New Dixie Mart 2 at 15 Roanoke Avenue. The indictment remained sealed until last week.
On Wednesday in Greenville he appeared before Magistrate Judge Kimberly A. Swank with his counsel and counsel for the United States, according to documents filed in the federal court record.
Elrod signed a waiver which acknowledged he has been informed of the charges against him and of any affidavit filed. He also acknowledged the right to be represented by counsel.
A handwritten notation in the waiver document says, “Mr. Elrod reserves the right to move to reopen this hearing for a change of circumstances.”
According to the scheduling order, arraignment in the case is set for the March 12 term of court in New Bern.
Attorneys are ordered to conduct a pre-trial conference on or before February 7 and motions are due by February 21. Responses are due by March 7.
The three count indictment alleges the following:
Count one: Elrod on or about February 8 unlawfully obstructed, delayed and affected interstate commerce by robbery by unlawfully taking and obtaining property by means of threatened or actual force.
Count two: Elrod knowingly used and carried a firearm during the armed robbery. The indictment also says he brandished and discharged the weapon.
Count two corroborates what Roanoke Rapids police said at the time, that Elrod fired into the store’s ceiling during the heist.
Count three: Relates to a previous conviction and him possessing ammunition.
Elrod had been charged locally with robbery with a dangerous weapon, conspiracy, three counts of assault by pointing a gun, illegal discharge of a firearm and injury to property, which reflected damage to the store after he allegedly fired into the ceiling during the heist.