Joe P. Asher
Two Harlan County men facing hate crime charges in federal court will remain in custody pending trial.
Anthony Ray Jenkins, 20, and David Jason Jenkins, 37, appeared May 7 in federal court in London for a detention hearing. Judge Hanly Ingram presided over the proceedings.
Ingram issued the order Tuesday requiring detention.
“The court finds that application of the Bail Reform Act…requires detention of Anthony Ray Jenkins (hereinafter “defendant”) because the court cannot fashion conditions that will reasonably assure safety,” wrote Hanly.
Hanly pointed out several reasons why he ruled to deny release, citing an alleged incident that occurred between Anthony Jenkins and his uncle Jimmie Jenkins.
“The most significant evidence as to defendant’s (Anthony Jenkins) character and violent nature — at this point and in light of defendant’s proposed bond conditions — is his reaction to Jimmie’s attempt to control him on Dec. 19, 2011. Everyone involved admits that defendant behaved badly, has a temper, and Tracy testified she was scared by the defendant.” wrote Hanly.
Hanly summed up his decision in the conclusion section of the order.
“For the reasons described above, the court does not expect compliance, and cannot adequately mitigate danger risks as a result. Based upon the evidence presented and the section 3142 (g) factors, the court finds, by clear and convincing evidence, that no release condition or combination of such conditions will reasonably assure the safety of any other person and the community,” wrote Hanly.
Trial is set for June 18.
Reach Joe P. Asher at 606-573-4510 or firstname.lastname@example.org