An elderly inmate’s bid to be released from county jail early because of COVID-19 fears apparently didn’t work out but he may be released as soon as next week.
Carroll County Superior Court Judge Amy Ignatius ruled in April that pending certain conditions Terrance Perkins, 73, of Tamworth could serve his sentence from home since the jail superintendent said he couldn’t keep him safe from COVID-19 behind bars.
But Perkins has yet to be released due to the various conditions that must be met. In any event, he was scheduled to be released in June as inmates normally serve two-thirds of their sentence.
Ignatius held a status conference on Perkins’s case on Thursday morning. Perkins was represented by public defender Justin Littlefield and the prosecution by Keith Blair. The hearing was held by WebEx, and Perkins was not present.
Judge Ignatius recapped that Perkins sought to be released over health concerns from COVID-19 and an “extensive” hearing was held.
“I ended up granting that request with a number of conditions,” said Ignatius. “He found those conditions unacceptable. It had to do with firearms, is what was reported back … That’s why he was not released despite that order that authorized it.”
She asked when he was supposed to be released and Littlefield said he thinks next week.
Perkins was found guilty Oct. 23, 2019, of two felony charges related to using a gun to threaten his wife, Yvonne Perkins, and a minor grandchild in Tamworth in a 2016 incident.
Ignatius in November gave Perkins a yearlong jail sentence and suspended prison sentence of five to 10 years. The suspended prison time was contingent on “good behavior.”
However, in January, a Carroll County Superior Court grand jury indicted him on a Class B felony count of assault by a prisoner. Perkins allegedly struck a female corrections officer last Dec. 19.
The state now seeks to impose that suspended time.
During Thursday’s hearing, Ignatius questioned if Perkins had served 12 months and Littlefield said Perkins has received time off for good behavior and will not have served the entire year.
“Not withstanding an assault by prisoner charge,” said Ignatius.
But Littlefield said that charge is pending and “whatever happens with that happens.”
On Thursday, Littlefield said the motion to impose suspended time creates a need to have a trial on the assault by prisoner charge.
“Obviously, if he were to plead guilty he would be expose himself to the time on the motion to impose,” said Littlefield. “So, as long as the motion to impose is still in play my position would that we would be essentially asking for the assault by prisoner be scheduled for trial dates as soon as the docket allows.”
Blair agreed the assault by prisoner should be scheduled for trial for the time being. Blair said he’s “endeavoring” to address both the motion to impose suspended time and the assault by prisoner charge at the same time.
“There’s really no way to reach an agreement as long as that motion to impose is still hanging out there,” he said.
A trial could take up to two days, the attorneys said.
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