Judge held him all summer on the basis of an AA he didn't think was adequate. Hate to say he's going home with "time served" on 9/17. If I were DA Lindsey, I would not be confident. I would be looking even harder for a body & making sure the next arrest warrant is shorter and much more persuasive.
JMHO - What do I know? I'm not a lawyer.
Respectfully disagree - I would say the opposite. I believe the Judge
clearly stated that there was
more than enough in the AA for him to have signed the arrest warrant and criticized the prosecution for making it
too long. He said it did way more than serve its purpose to establish probable cause for an arrest.
You can find these statements if you go back through the order that the Judge signed and read the WS threads here at the time that statement was released (there were some tweets from reporters, too, I believe). The Judge definitely said out loud that the AA was too long, that parts of it played no part in his decision and should therefore not have been put in, in order to persuade him,
because he was already persuaded. And yes, he did sign the arrest warrant, IMO.
That being said, I'm not overly confident that this is going forward as Murder One. They are looking hard for a body (said LE recently) and I believe LS reported on some of that searching (mines for example).
He can't go home with "time served" on September 17, because "time served" relates only to a sentence. Unless you think he's going to plead out, if so, please clarify that you think he'll plead to M2. And that the judge would then drop all the enhancements (including DV, which is of course included in M2 if that's how he pleads). Then the Judge would have to give the minimum sentence (4 years) and meet the State's sentencing requirements for when he gets out on probation (he'll be at 4.5 months of time served).
IMO, he will not be sentenced to anything on Sept. 17. His attorneys will consider a reduction in charges to be a HUGE victory and will want to take it on to trial for even further reductions in Barry's prison time.
And I don't think the illegal gun charge is going to be dropped. At all.