Florida rapper and would-be death row inmate Jamell “YNW Melly” was in court Friday for a hearing to determine whether he will be allowed to post bail and get out of jail ahead of his retrial on murder charges.
He’ll have to wait a little longer to find out. Broward Circuit Judge John J. Murphy did not rule on the defense motion to set bail and have the 24-year-old rapper released for the first time in more than three years.
Demons is charged with first-degree murder in the shooting deaths of his friends Christopher “YNW Juvy” Thomas and Anthony “YNW Sakchaser” Williams.
Bail is not guaranteed in first-degree murder cases, but to keep an inmate in custody, prosecutors have to convince a judge of his guilt using a burden of proof prosecutors and defense lawyers in the case described as even higher than “beyond a reasonable doubt,” the standard required to convict.
That burden is known in court as “proof evident, presumption great,” and in layman’s terms it means there is no reasonable question of the defendant’s guilt, though he still has a right to a trial by jury.
Demons’ lawyers argued that he should be entitled to reasonable bail because a jury in July could not even agree that the “reasonable doubt” standard had been met at trial.
“Since the jury could not reach a verdict beyond a reasonable doubt, it certainly cannot carry the burden of proof evident, presumption great,” defense lawyer Stuart Adelstein.
Surveillance video showed Demons, the victims, and driver Cortlen “YNW Bortlen” Henry getting into a Jeep after a late-night recording session on Oct. 26, 2018. Thomas and Williams were shot to death, according to forensics experts, from someone sitting in the seat that Demons had occupied.
Demons could face the death penalty if convicted. The driver, Henry, has also been charged in the case and will be tried separately. Henry is free on a $180,000 bond.
At least one juror was not convinced that Demons was in the vehicle at the time of the shooting, which took place when the Jeep was miles away from the recording studio. Defense lawyers argued at trial that someone else did the shooting and investigators jumped to the conclusion that it was Demons in the back seat.
Prosecutor Kristine Bradley said in court Friday that the judge is entitled to consider evidence that was not presented to the jury in determining whether the “proof evident or presumption great” standard has been met.
Murphy said he will issue a written ruling but did not specify when.
Rafael Olmeda can be reached at or 954-356-4457.
