Desmonte D. Leonard, the man indicted in the June 9, 2012 shooting, wants bond.
Leonard, 22, was indicted by a grand jury in Lee County on Aug. 27, 2012 on one count of first-degree assault, two counts of second-degree assault, two counts of attempted murder and one count of capital murder.
Because of the capital murder charge, no bond was set for Leonard.
The capital murder charges are for the three deaths of Ladarious Phillips and Ed Christian, both former Auburn University football players, and DeMario Pitts of Opelika. The three men, all 20, were killed in the shooting at University Heights.
Article I Section 16 of the Alabama Constitution of 1901 discusses the right to bail and reads, "That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great; and that excessive bail shall not in any case be required."
According to an article by WBRC, the defense said bail can be set in this case because the evidence against Leonard is not "clear and strong."
The prosecution's argument against bail said the defense did not "produce sufficient facts which outweigh either the threat to public safety or mitigate the risk that he will again flee the jurisdiction."
Both the defense and the prosecution's arguments for and against bond are available at Myfoxal.com/story/20310093/desmonte-leonard-wants-out-on-bond.
Currently, the judge has not said when the pretrial detention ruling will be made.