ANDERSON TOWNSHIP, Ohio — The man accused of firing a bullet that hit a teen in the foot near Bengals player Joe Mixon's home is now being held without bond pending federal charges, according to court documents.
Lamonte Brewer is being held in the Butler County jail on a federal hold after a new charge has been leveled against him.
Brewer was indicted in Hamilton County on one count of tampering with evidence and one count of obstructing justice on March 16, 10 days after the March 6 shooting. His bond for those charges was set at $100,000 — which Brewer posted and he was released.
Court documents say Brewer appeared in court on July 14, where "he was met by an ATF officer who placed him under arrest for an indictment that had been returned and sealed on June 28."
That indictment was for one charge of possession by a prohibited person, because he was already a felon the night he picked up a firearm at Mixon's house. When Brewer appeared for his arraignment on the charge, a judge ordered Brewer be held without bond.
Brewer's attorneys argue that his status as a felon does not apply in this case, citing a previous court case from 2013 that determines if a felon can meet five requirements.
That case ruled that, in order for a felon barred from having a firearm to justifiably use on, that defendant must have:
- Reasonably feared death or serious injury from an imminent threat
- Not recklessly placed himself in the path ofthat threat
- Had no reasonable alternative to possession
- Reasonably believed that possession would avert the threat and
- Maintained possession only as long as necessary to avoid the threat.
His attorneys said they believe Brewer can meet those five requirements.
Brewer and his girlfriend — Mixon's sister — have both alleged they, along with Mixon himself, believed they were in danger that night.
Hamilton County prosecutors have said Mixon claimed he'd been receiving death threats in the time leading up to the shooting, specifically after his personal address was released publicly.
That night, when teenagers in the neighborhood broke into a game of Nerf Wars, Brewer's attorneys allege their client and everyone else inside Mixon's home at the time believed they were being attacked.
"Cars were screeching up and down the street, some blocking ingress and egress into the neighborhood," reads a court document filed by Brewer's attorneys. "At the same time, people were running around the neighborhood screaming."
Children inside the home were moved into a safe room, while one adult inside the home called 911, the document says.
Brewer's attorneys also pointed out that the Hamilton County judge ruling over the original case had allowed Brewer to be released on bond and return to his home in California; In contrast, the federal judge determined Brewer's criminal history made him a danger when they ruled Brewer be held without bond on the newest charge.
"The Assistant United States Attorney made an impassioned argument alluding to Brewer's past record and the danger he constitutes to the public," court documents say. "One has to wonder the following: if Brewer is so dangerous, why did it take 114 days to present the case for indictment? Counsel believes that Brewer is entitled to release and requests a hearing to further argue the math."
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