U.S. District Court Judge Alex Munson yesterday denied the motion to release Daniel Atalig to be with his family while awaiting for his sentence scheduled early next month.
Atalig, who was convicted for conspiring to distribute crystal methamphetamine and in possession of this controlled substance, is facing a maximum of 10 years inside a federal prison.
His counsel Antonio Atalig pointed out to the court that his client never violated any rule set forth by the court and does not pose danger to the community.
He was released on bail last July until the time of his detention this April.
However, before the proceedings for the motion to release was heard, the judge called the attention of his counsel about a videotape which showed Atalig brandishing a gun.
The prosecution had witnesses who could identify the defendant, he said.
A 15-minute recess was called to provide the counsel and his client time to view the tape. The defendant proceeded to pursue the motion to release even after viewing the tape.
Based on his testimony, the gun was in fact a lighter which resembled like a small gun. He used it to point to the security guard while a “pop corn-throwing” incident took place sometime in February.
In denying the motion to release Atalig, Munson said whether the gun turned out to be a lighter, the act of pointing it to somebody is still considered an assault.
He said his position not to release him has not changed since Atalig made the appeal after he was convicted of the charges last April.
Two jury trials heard the case of Atalig last year. The first jury found him not guilty on the first count, while members were unable to vote for the second count.
The court declared a mistrial and called another jury to hear his case. Last April, the second jury found him guilty as charged.