A Roanoke Rapids man was charged under a new law which denies him an immediate bond for 48 hours due to him committing a crime while on pretrial release.
Roanoke Rapids police Chief Shane Guyant said there are two components of the new law which went into effect October 1.
Under the portion of the law that applies to Jamaryon Martin-Dyon Atkins, the 19-year-old who had parked illegally in a handicapped spot and then resisted his arresting officer, a defendant on any kind of release whether a secured bond, unsecured bond or written promise to appear and has new charges lodged, a magistrate cannot set their bond until a 48-hour window passes.
Atkins, left, and Scott
When the crime was committed Thursday at Walgreens, Atkins had numerous pending charges in Halifax County including: Obtaining property by false pretense, breaking and entering, possession of stolen property, carrying a concealed weapon, and assault on a female.
Around 3 p.m. Sergeant D. Newsome noticed Atkins pull into a handicapped parking space.
Atkins told the sergeant, when asked, that he did not have a handicapped placard — that he was just coming into the store for a minute.
Newsome told Atkins he needed to move his vehicle. As Atkins was walking out of the store, he began to use profanity. He got into his vehicle and continued to shout profanities.
Once Atkins moved his vehicle Newsome asked Atkins for his driver’s license which he refused to produce.
Newsome ordered Atkins to place his hands behind his back and refused.
During this exchange, the passenger, Cemonye Travius Scott, 20, of Halifax began recording the matter on his phone — which was his right to do so, Guyant said, but at the same time he was interfering with Newsome’s orders.
Scott was ordered several times to back up but began using profanity and kept getting closer to Newsome as he was trying to place Atkins under arrest. Other officers arrived on the scene and Scott and Atkins were placed under arrest.
Scott was cited for disorderly conduct and was released to a responsible person at the police department. His court date is scheduled for November 17.
Atkins was charged with resisting a public officer and a handicap parking violation.
As of this report Atkins was still in the Halifax County Detention Center and has a November 17 court date.
Atkins has a December 1 court date for reckless driving with wanton disregard, a misdemeanor city-town violation, fail to stop for stop sign or flashing red lights, and fail to wear a seatbelt.
On November 30 is scheduled to appear in court for felony breaking and entering to terrorize or injure.
On January 19 he is scheduled to appear in court for misdemeanor larceny and misdemeanor possession of stolen goods.
He has a January 8 superior court date for misdemeanor assault on a female.
Other component of new law
The other part of the new law, Guyant said, applies to those charged with a violent crime or those charged with a new crime while out on some form of pretrial release.
The law states that a judge, not a magistrate, will determine whether a person charged can be released before trial.
The litmus test charges are as follows:
Murder — first- or second-degree or attempted murder
Forcible rape — first- or second-degree
Statutory rape of a child by an adult
First-degree statutory rape
Statutory rape of person who is 15 years or younger
Forcible sex offenses — first- or second-degree
Statutory sex offense with a child by an adult
First-degree statutory sex offense
Statutory sex offense of a person who is 15 years or younger
Assault with a deadly weapon with intent to kill inflicting serious injury
Discharge firearm into occupied property
Robbery with a dangerous weapon