Will Aniah’s Law keep New Year’s Eve shooter in jail?

Will Aniah’s Law keep New Year’s Eve shooter in jail?

Mobile’s police chief says his agency has the person responsible for the deadly New Year’s Eve shooting in downtown Mobile in custody and that does not foresee additional charges or arrests coming.

Chief Paul Prine told AL.com on Monday that he is also hopeful the newly-minted amendment to the Alabama State Constitution called Aniah’s Law, will be used to keep the suspected gunman — 22-year-old Thomas Earl Thomas Jr. — in jail and without bond while he faces multiple felony charges including murder.

A hearing under Aniah’s Law is scheduled for 8:30 a.m. Thursday in Mobile County District Court.

“Aniah’s Law is new and everyone will challenge it,” Prine said. “There will be arguments for or against it. I’m not really confident a whole lot simply because we have to see how this plays out. We don’t have any precedence locally.”

An early test on the law in Mobile County will come during an 8:30 a.m. hearing Tuesday in an unrelated cases involving the suspected gunman in a shooting that occurred at the Walmart store on the Interstate 65 beltline.

The Mobile County District Attorney’s Office plans to request a judge withhold bond on Darrius Rowser, 19, of Mobile. Rowser is a suspected gunman in a December 27 shooting at the Walmart, and he faces a charge of attempted murder. Rowser is also suspected of a home invasion on December 16 in the 2000 block of Dukes Avenue, and a November 26 shooting at the Paparazzi Club on Dauphin Street in downtown Mobile.

“I have confidence in the District Attorney and in our investigators,” said Prine, referring to newly-elected Mobile County District Attorney Keith Blackwood, who is seeking to revoke bond in both cases under Aniah’s Law. Blackwood was the long-time assistant district attorney under former District Attorney Ashley Rich, who retired last month.

“But the courts, I have no control over,” Prine said. “I know of a face places in the state where (Aniah’s Law) is successful and some places where it’s not. I am hesitant (to say with confidence about Aniah’s Law applying to the cases) until we get more case law on it.”

The amendment, overwhelmingly approved by over 60 percent of voters, gives a judge the ability to revoke bail for an expanded list of criminal charges.

It’s been granted already in some high-profile Alabama cases. Last month, a judge accepted prosecutor’s request to utilize the amendment in not granting bail for 35-year-old Michael Butler of Greenville. Butler faces charges of kidnapping and raping two Autauga County teens in early November. He also has an extensive criminal history that includes a murder charge in St. Clair County and an attempted murder charge in Georgia.

Aniah’s Law was denied by a Dale County judge in early December. That case involving two child sex suspects, ended with a judge issuing a combined $550,000 bond and ordered it be posted in cash.

Thomas’ defense attorney, Chase Dearman, told local news outlets last week that he plans to fight back against using Aniah’s Law to revoke bail in the New Year’s Eve shooting case. Thomas faces criminal charges of murder, assault first-degree, and discharging a gun into occupied and unoccupied buildings.

The New Year’s Eve shooting, which erupted into chaos blocks from where thousands of revelers gathered for the city’s MoonPie Over Mobile festivities, left seven people wounded and one dead. Two people remain hospitalized and in stable condition, according to Prine.

A judge last week order Thomas to be temporarily jailed without bond until the Aniah’s Law hearing on Thursday.

Dearman, who could not be reached for comment Monday, told TV outlets last week that he felt Thomas was acting in “self-defense” and called his client a “good kid” with a limited criminal history.

Said Prine, “The defense attorneys will do what defense attorneys do. We’ll let the defense attorney continue down that path.”

“We believe Mr. Thomas is our shooter,” said Prine, adding that an additional shooter, who is currently one of the victims who remains hospitalized, was acting in self defense.

A third shooter, 24-year-old Jatarious Reives, was killed. Those wounded ranged in ages from 17 to 57.

“There was another shooter that engaged Mr. Thomas, but as it stands right now, there are some self-defense claims on that particular issue,” Prine said, declining to name the third shooter who he describes as a “victim.”

Ask if he foresees an additional arrest, Prine said, “There is a potential and I need to leave that door open. But we don’t foresee any charges for that person or individual.”