Prosecutors dropped gun charges against a New Jersey man who lost the use of his arms.
Marcus Hubbard was arrested during a traffic stop last summer, when a search of the vehicle he was riding in turned up a stolen 9-mm handgun and a bottle of prescription codeine, reported The Trentonian.
None of the four men in the car admitted to owning the gun or drugs -- but all three other men told police Hubbard should not be charged because the items weren't his.
Hubbard lost movement in his arms following a 2007 car crash, and he also is believed to suffer from ALS -- a degenerative condition also known as Lou Gehrig's disease.
A judge ordered Hubbard -- who has previously served prison terms for drugs, child endangerment and obstruction of justice -- held on $35,000 bond.
He remained jailed for four months, until the judge responded to public outcry and ordered Hubbard to be released but wear an electronic monitor.
But prosecutors last week dismissed charges of unlawful possession of a handgun, drug possession, possession of a weapon by a convicted felon and receiving stolen property, saying they lacked sufficient evidence against Hubbard.
“It’s about time,” said his attorney, Caroline Turner. “Really, it took this long to dismiss a case against a guy who can’t use his arms? It’s beyond belief. It’s the tip of the iceberg but shows you what’s wrong with this system. There’s no such thing as a presumption of innocence.”
Charges against Christopher Grant and John Santiago Jr. were dismissed when 28-year-old John Daniels pleaded guilty in January to receiving stolen property.
However, Daniels failed to show up in court for sentencing in March, which means prosecutors could re-file charges against them -- although Hubbard's attorney said that was unlikely.
