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A Manhattan judge shot down an impassioned plea by a prosecutor to jail a parolee on a murder indictment in the fatal mugging of a 66-year-old man, The Post has learned.
“Obviously, Your Honor, it’s an A-1 felony,” Assistant District Attorney Jonathan Junig told Judge April Newbauer at suspect Eugene Clark’s arraignment Thursday.
Clark, 54, was previously indicted on charges of assault and grand larceny for the violent robbery of Ramon Luna on Sept. 20, 2020, authorities said.
Luna was knocked to the ground by a single punch allegedly thrown by Clark and was beaten by the parolee and two others, causing brain bleeds the put him into a coma.
Luna clinged to life for 11 months before dying last August, spurring a superseding indictment for Clark on a second degree murder charge.
“This is a very serious case and the defendant is facing significant prison time,” Junig said, according to a transcript obtained by The Post. “The defendant is a violent predicate felon, “He has two felony convictions, sixteen misdemeanor convictions and eight prior failures to appear in court.”
“We are asking for remand, Your Honor, or alternatively a high form of bail as bail is necessary to ensure this defendant returns to court,” the ADA said, according to the transcript.
Junig added that a plea deal for 18 years in prison with five years of post-release supervision on the table.
Clark’s defense attorney requested ankle monitoring, arguing his client had made every court appearance in past 18 months.
“One thing you should also know is that there is a strong argument that he is not the person that even caused this person’s death,” said attorney Steven Hoffner. “We have retained a doctor who apparently believes, who I believe will be stating that the kick may have been one of the reasons this individual died.”
The ADA also argued that Clark had missed multiple court dates before being put away for armed robbery for 10 years back in the early 2000s.
Judge Newbauer sided with the defense, cutting him loose and on electronic monitoring.
“I will advise the defendant, that if he does not come back to court and remain law-abiding while this evaluation is being done I will set monetary bail on the next court appearance,” she said.
Judges in New York can only consider whether they believe the defendant will return to court when setting any monetary release.
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