Judge releases Howard on recognizance bond in firearms case

Akeem Howard appeared by video from the Monroe County Jail for arraignment on a fifth-degree felony charge of improper handling of firearms and a first-degree misdemeanor charge of using a weapon while intoxicated.

During arraignment, Judge T. Shawn Hervey explained the charges, possible penalties, and constitutional rights.

“You have the right to a trial by jury of 12 persons. Those 12 persons must find you guilty or not guilty. The verdict must be unanimous,” Hervey said. “You have the right to have the state of Ohio prove their case by proof beyond reasonable doubt as to each element of each charge. You have the right to cross examine and question any witnesses brought against you. You have the right to subpoena witnesses to come to court to testify for you. You have the right to remain silent and your silence cannot be held against you. Do you understand those rights, Mr. Howard?”

“Yes, sir,” Howard said.

“Do you want to be represented by an attorney?” Hervey asked.

Howard said he did not want an attorney at this time.

“In order to not be represented you will have to fill out some paperwork that lets you know you’re guaranteed an attorney,” Hervey told him. “And that if you waive your right, you have to do so in writing and any time you want to revoke your waiver, you’re able to do so. If you qualify, I will appoint an attorney to represent you. That attorney is at no cost to you.”

The court did not enter a plea and set the matter for further proceedings.

Howard’s bond had previously been set at $15,000 with a 10% option. Prosecuting Attorney Lauren Knight addressed the court, saying, “This is a felony five so the state would not object to a reduction in the amount. Obviously the state’s concern is there are allegations of substance abuse in the indictment as well as weapon possession. We would request if the court grants an OR bond or even a lower bond that he will be placed on pretrial release.”

Hervey released Howard on his own recognizance and placed him in the pretrial release program, which functions similarly to probation.

Howard faces a possible sentence including a mandatory three-day jail term, a $375 fine and six points on his driver’s license.