Judge rules 'extremist' compound suspects are not a threat
Judge sets $20,000 bond for each defendant after saying prosecutors failed to articulate any specific threats to the community.
Three of the five defendants who were arrested at an “extremist Muslim” New Mexico compound earlier this month were pending release on Wednesday after a judge previously set their bail at $20,000.
The order to release Lucas Morton, Subhannah Wahhaj and Hujrah Wahhaj was given by District Judge Sarah Backus, despite pushback from prosecutors who argued Monday that children at the compound had been trained to use firearms and were taught tactical skills in order to kill teachers, law enforcement and other institutions they deemed corrupt.
Prosecutors lobbied for the defendants to be held pending trial on child abuse charges, however Backus ruled against the motion, saying the “extremely high standard of proof” hadn’t been met. Prosecutors hadn't presented clear and convincing evidence of potential dangers the defendants might pose to the community, she said.
"From this meager evidence the court is requested by the state to surmise that these people are dangerous terrorists with a plot against the country or institutions. The court may not surmise, guess or assume," she said in her written ruling.
Not included in the expected release is Jany Leveille and Siraj Ibn Wahhaj.
Leveille was transferred to the custody of U.S. Citizenship and Immigration Services (USCIS) on Tuesday, according to the Taos County sheriff. And Wahhaj is set to remain in custody due to an outstanding arrest warrant in Georgia stemming from accusations that he abducted his son from the boy’s mother in December and fled to New Mexico.
WOMAN ARRESTED AT ‘EXTREMIST MUSLIM’ NEW MEXICO COMPOUND MOVED TO FEDERAL CUSTODY, SHERIFF SAYS
Defendants, from left, Jany Leveille, Lucas Morton, Siraj Wahhaj and Subbannah Wahhaj were in a district court in Taos, N.M., for a detention hearing on Monday. (Roberto E. Rosales/The Albuquerque Journal via AP, Pool)
Eleven children were taken into custody during an early August raid at the compound located near the Colorado state border. Days later, authorities went back to the site and found a child’s body.
It wasn’t immediately clear if the remains were Abdul-ghani Wahhaj, the missing son of Siraj Ibn Wahhaj.
As part of the three defendants’ release, they were ordered to remain on house arrest and to wear ankle monitors.
Fox News’ Matt Richardson and The Associated Press contributed to this report.
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