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US Said Malik Hawkins in Wheelchair Should Remain in MDC Now Gets Mandatory 5 Years

By Matthew Russell Lee, Patreon
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SDNY COURTHOUSE, Jan 31 – When Malik Hawkins was brought into Federal Magistrates Court on guns and drugs charges back on January 24, 2020 Assistant US Attorney Louis Pellegrino opposed him being released on bail citing a risk of flight. 

  Malik Hawkins was in a wheelchair, and has been since 2011 when he was shot and paraylzed from the waist down.

    AUSA Pellegrino acknowledged that leaving the country could be a challenge for Hawkins, but noted that some of his co-defendants has fled to Vermont or "down South." 

   He alluded to a social media post on Instagram in which, he said, Malik Hawkins bragged about police who searched him not finding what he had on him - by implication, a firearm. 

  U.S. District Court for the Southern District of New York Chief Magistrate Judge Gabriel W. Gorenstein, after conferring at sidebar with Pre-Trial Services, issued his ruling. He said but for the defendant's physical condition, he would detain him.

  Judge Gorenstein ordered that Hawkins be released on $50,000 bond, with a GPS location monitoring bracelet and his original wheelchair.

  But Hawkins was arrested on February 21, 2020 after allegedly biting his girlfriend's ring finger. On March 9 he came to the SDNY for a bail revocation hearing and was found with marijuana and a small razorblade like knife. He has been in the MDC since.

  On April 3, 20202 he was arguing again for release, citing Coronavirus. Judge Andrew L. Carter to whom the case has been assigned said despite his wheelchair - and now bedsores - Hawkins is obviously able to move around. He signed a medical order but no more. Hawkins remained detained.

Jump cut to January 31, 2023, when Hawkins in his wheelchair with two US Marshals behind him was up for sentencing before Judge Katherine Polk Failla, who expressed concern about the hiding of contraband and weapons in the wheelchair.

  But there was another side: Hawkins' father, who had himself been incarcerated, visiting him and December and on January 30 in the MDC. And Hawkins, after serving five years minus what he has already served, wants to join him in Hudson, New York. Defense counsel said she was suggest even further from New York City.

  Judge Failla went with the minimum, and told Hawkins that will all due respect she hoped not to see him again in this setting. His physical rehabilitation has been delayed. But it is not too late - he is only 29, although he said he was getting or feeling old.

The case is US v. Hawkins, 19-cr-846 (Failla). 


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