CANANDAIGUA, N.Y. — Deputies say Justin Rodgers, the man accused hitting a man with an axe at the D&D Motel on Friday, was due in court for two other felony charges from the night before.
READ MORE: Man hit with axe in Canandaigua now stable but remains in critical condition
Currently, Rodgers is only charged for with an assault in the first degree. That doesn’t mean there won’t be additional charges down the line.
Rodgers’ case has been moved from Canandaigua Town Court to Ontario County Court on Tuesday. A grand jury will decide whether to indict Rodgers on any additional charges.
So, why is Rodgers charged with assault and not attempted murder? On Tuesday afternoon, the county’s Acting District Attorney (DA), Kelly Wolford, clarified the discrepancy by mentioning the intent to injure someone, rather than murder.
Either way, both charges generally result in the same sentencing. The DA will work on prepping witnesses while the grand jury deliberates.
In the meantime, Rodgers will stay in custody, unless he applies for bail.
“If he asks for bail, he would be arguing that he failed to appear in front of the judge that he was required to appear in front of on the fourth. And that shows he is probably not going to return to court in the future. So it would help us to get a higher level of bail in the future if a bail request is made by the defense,” says Wolford.
According to DA Wolford, judges determine bail based on how likely someone is to return to court, not based on the severity of their charge. She said the grand jury will review the DA’s evidence and hear from witnesses before voting on whether or not to issue charges.
We’ll know when they’ve done that when the indictment is posted.
D&D Motel suspect faces additional felony charges from a previous crime WHEC.com.
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