On July 31, an arrest warrant was issued against Dy charging him with one count of criminal mischief.
But he was brought before a judge four days after his arrest.
At a bail hearing on Aug. 4, Judge Kim-Tenorio noted that “Rule 5(a) requires that persons arrested under a warrant issued upon a complaint or without a warrant shall be brought before the ‘nearest available judge of the Commonwealth.’”
She said while the court understands that July 31, was a Friday, the defendant was presented to the court on Tuesday, Aug. 4.
The “defendant should have been presented to the court before the end of the court’s docket on Monday, Aug. 3,” the judge said.
She added that while the defendant is no longer under the custody of the Department of Corrections, “this does not mean that the matter against him is dismissed.”
No information about the case was available as of press time Thursday evening.
Dy’s arraignment was set for Aug. 10 at 10 a.m. before Presiding Judge Roberto C. Naraja.
