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Man without use of his arms jailed on gun charge

Marcus Hubbard's attorney said she plans to appeal to have her client released without bail.

By Ben Hooper
Man without use of his arms jailed on gun charge
A judge's gavel. Photo by sergign/Shutterstock.

TRENTON, N.J., Dec. 17 (UPI) -- A New Jersey judge reduced bail for a man who has been jailed for four months on a gun possession charge despite having no use of his arms.

Caroline Turner, attorney for Marcus Hubbard, 28, asked Superior Court Judge Timothy Lydon during a Tuesday hearing to release her client without bail.

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"It shocks the conscience," Turner said at the bail hearing. "How could [he be] held for four months on a gun charge? He cannot move his arms. They are useless to him."

Hubbard was one of four Salem County men in a car pulled over for running a red light in Trenton in August. Police discovered a gun in the car that had been reported stolen in Alaska as well as a bottle of prescription codeine. None of the men claimed ownership of the items, so all four men were arrested under "constructive possession laws."

"The police reports do seem to confirm this defendant has no use of his hands but I would disagree that that doesn't mean necessarily that he can't be guilty of a crime," Assistant Prosecutor William Fisher said.

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Lydon reduced Hubbard's bail from $100,000 to $35,000. Turner, who had sought to have Hubbard released without bail, said she plans to appeal the decision.

Hubbard has previous convictions for drug possession, child endangerment and obstruction. He told the court he lost use of his arms in 2007 and doctors suspect he might suffer from degenerative condition amyotrophic lateral sclerosis, or ALS, also known as Lou Gehrig's Disease.

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