Xavier Perry, one of the defendants charged in the shooting death of 25-year-old Yordi Arevalo on Feb. 14 inside the Friendly Sons of Newport social club, will have his bail hearing on March 3.
A bail hearing for a second defendant, Shamik Steele, was also scheduled for March 3 in Newport Superior Court. Both Perry and Steele are charged with first-degree murder, felony assault, conspiracy, and using a firearm when committing a crime of violence.
Another Newport man, Duane Logan, 46, was taken into custody on March 1 in a Warwick hotel without incident by members of the Rhode Island Violent Fugitive Task Force, according to Capt. Kevin Moreira of the Newport Police Department’s Criminal Investigation Division. Logan was apprehended with a Newport Police Department affidavit and arrest warrant for conspiracy to commit murder. He was subsequently turned over to Newport police on scene and was arraigned in Newport District Court on March 1.
Perry, 28, who has remained at the Adult Correctional Institution in Cranston without access to a public defender since his Feb. 15 arrest, maintained his innocence before Judge Jeffrey Lanphear during a Feb. 24 hearing, telling the judge he has been on 23-hour lockdown, and demanded an immediate bail hearing, telling the court he had been told the hearing would take place that day.
He initially said he wished to defend himself during a bail hearing, as is his constitutional right. He also requested the state hand over whatever evidence they planned to use against him.
Lanphear implored Perry to wait until he could confer with a state-provided attorney before making any decisions, advising Perry that it may be unwise to continue without an attorney, both because it may be detrimental to his future defense and that a court-appointed attorney may be reluctant to take his case after learning a bail hearing was conducted without legal representation present.
“You can incriminate yourself even if you are innocent,” said Lanphear.
On Feb. 28, it was confirmed that Perry will be represented by private criminal attorney Judith Crowell, who has been appointed by the state as a public defender. Crowell requested that her client, who she said is a Rogers High School graduate with extensive local community ties, should go free until his bail hearing. Lanphear denied the request.
Perry has maintained his innocence, telling Lanphear during the Feb. 24 hearing, “I’m an innocent man who is fighting for his life.”
Steele is being represented by Amanda Valentino of the Rhode Island Public Defender’s office, according to court records.
Judge Critical of Police Handling of Perry Evidence
Xavier Perry, charged in the shooting death of 25-year-old Yordi Arevalo on Feb. 14, finally had a bail hearing on March 3, but only following a delay when Special Assistant Attorney General Michael Marinelli told the judge on Feb. 24 that he was unable to take possession of evidence being held by police, that no one in the department was available, that the official police reports were still being formulated, and that police evidence collected was “not in our immediate possession.”
Lanphear had called a three- hour recess so that Marinelli could go to the Newport police station to retrieve any materials the state planned to use to convince the court that Perry should remain in prison without bail.
Lanphear chastised the attorney general’s office, along with the Newport Police Department, saying he was “extremely displeased” that they could not submit the evidence per his request. Lanphear gave the Newport Police Department until Feb. 28 to provide the evidence it has gathered to date, sending Perry back to the Adult Correctional Institution in Cranston.
The judge ordered the state to gather and provide witness statements, photographic evidence, and “any videos that would be used against [Perry]” during the bail hearing. When Perry came back to Newport Superior Court on Feb. 28, he agreed to the March 3 date.
Rhode Island legal precedent states that “If the court holds the defendant without bail, a bail hearing date must be set within 10 business days, excluding weekends and holidays.”