Could YNW Melly be released from jail? A judge to decide at special hearing. What to know

There’s a chance YNW Melly may go home this week — at least as the rapper awaits a decision in his second double murder trial.

On Friday, Melly will have a hearing that allows judges to set bonds for defendants charged with crimes that aren’t eligible for bail. In August, defense attorney Stuart Adelstein requested the so-called Arthur hearing to possibly set Melly a bond before the trial begins with jury selection on Oct. 9.

Melly’s first trial ended in late July when Broward Circuit Court Judge John Murphy declared a mistrial. After three days of deliberation, the jury told Murphy it was deadlocked and couldn’t reach a unanimous verdict.

If the rapper is granted a bond, in which he would put up money and agree to conditions to leave jail until trial, it would be his first time out in more than four years since put behind bars since February 2019. Melly, who grew up in Gifford, a small community on the Treasure Coast, relocated to South Florida after rising to fame.

Here’s what to know about the proceeding — and what to potentially expect.

What is an Arthur hearing?

This type of hearing is like a mini trial, although the judge — not a jury — will listen to the parties’ arguments before making a decision. Prosecutors will present snippets of their case and reference evidence that they believe points to the defendant’s guilt.

Through the evidence, which could include witness statements and DNA, the state must establish “proof evident, presumption great” that the accused person is guilty. This is a high burden — often considered even greater than proof beyond a reasonable doubt.

The court also has to consider whether the defendant is a flight risk or a danger to the public.

If the judge decides to grant a bond, it’s likely that it would include conditions, such as an ankle monitor or a curfew. Given the serious nature of the accusations discussed during the proceeding, the judge could order the defendant be placed on house arrest, in which he would mostly be confined to home.

What could prosecutors and defense attorneys argue?

Prosecutors will likely point to key pieces of evidence in the case, including phone pings and location data said to place Melly at the scene and ballistics suggesting that the fatal gunshots came from inside the car where Melly was caught on tape sitting. The state will also probably reference the rapper’s supposed affiliation with the G-Shine Bloods set, which gang expert Danny Polo testified wasn’t an act because “G-Shine is one of the more violent Blood sets.”

The defense’s stance will more than likely mirror much of what defense attorney Stuart Adelstein said in the original August court filing. Adelstein argued that Melly “voluntarily surrendered” to authorities at the Broward jail five days after Miramar police issued an arrest warrant for the rapper. He also highlighted how co-defendant Cortlen Henry, who faces two first-degree murder charges as well as an additional two counts of accessory after the fact, has been out on bond.

“In this case, the State obviously failed to prove beyond a reasonable doubt that the Defendant committed the crimes of First Degree Murder when this Court declared a Mistrial on July 22nd, 2023 because the jury could not reach a unanimous verdict,” Adelstein said in the August court filing.

What else has happened in the Melly murder case?

▪ Detective complaint: In late August, defense attorneys alleged that Miramar Police Detective Mark Moretti, the lead in the double murder case, is under investigation over an incident with a potential witness. However, a police spokesperson said only a complaint had been made against the detective.

READ MORE: Lead detective in YNW Melly case under investigation, defense says. What to know so far

Court filings didn’t delve into the nature of the incident between Moretti and the potential witness, though the police spokesperson confirmed the complaint was made by Jamie King, Melly’s mother.

▪ Accusation: Melly, whose real name is Jamell Demons, is accused of gunning down his childhood friends Anthony Williams and Christopher Thomas Jr. in an alleged drive-by cover-up after spending the night of Oct. 26, 2018, at a Fort Lauderdale recording studio. Williams and Thomas, both aspiring rappers with the YNW collective, were known as YNW Sakchaser and YNW Juvy, respectively.

▪ State law: The 24-year-old’s case is among the first being considered after Florida Gov. Ron DeSantis signed a law to lower the threshold for a death sentence to an 8-4 jury vote, from a unanimous vote.