Updated: January 07, 2020 01:19 PM
Created: January 07, 2020 06:52 AM
The man accused in the death of a 6-week-old baby in Cohoes will be released under the supervision of probation.
A bail review hearing was held Tuesday for Anthony Ojeda, due to new criminal justice reform laws in the state.
He's charged with manslaughter and assault in the second degree after police say his infant son ingested methamphetamine at their apartment in Cohoes back in December. Police say Ojeda failed to call for help.
The defense says Ojeda never intended to harm his son.
"This is a very emotional case for everybody involved - including Mr. Ojeda," said Assistant Public Defender Angela Kelley. "This was his six-week-old son that died he's heartbroken."
Under the new bail reform laws in New York, if Ojeda had just been charged with manslaughter, he would've been released with no conditions because it's a non qualifying offense for bail. However, due to the assault charge, the judge had to impose the least restrictive conditions.
#BREAKING: Anthony Ojeda, charged with manslaughter and assault in connection to the death of a six week old in #Cohoes will be released under supervision of probation. Conditions: electronic monitoring, substance abuse treatment, surrender passport, stay in Albany county @WNYT— Emily De Vito (@emilydevito) January 7, 2020
"The court did take into consideration his individual financial circumstances and his individual flight risk and you know we're happy with the outcome," said Kelley. "We have no question Mr. Ojeda is going to return to court and face these charges."
The judge ruled that Ojeda must follow certain conditions. He must wear an electronic monitoring device, he's not allowed to leave Albany County and has to surrender his passport - which the defense says is expired. He's also required to get substance abuse treatment.
"The judge has determined for that to be deemed the least restrictive non-monetary condition as the new statute dictates the discretion for the judge whittled down to really only to determine the ability to pay or return to court," said Spokesperson for the Albany County District Attorney's Office Cecilia Walsh. "Bail is never punitive. It's only a means of someone returning to court and under the new statues this is the outcome of today's hearing."
The prosecutor said in court Tuesday the case would be sent to a grand jury on Friday, and she indicted upgraded charges are possible.
Learn more about what was said at the hearing by watching the video of Emily De Vito's story.
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