The suspect identified by a paralyzed man who was only able to blink has been denied bond.
Jermaine Hailes is accused of shooting Melvin Pate in a car in Capitol Heights, Md., in 2010. Hailes was arrested a year ago, after Pate died as a result of injuries sustained in the shooting.
Hailes was denied bond Friday, but another hearing will be held to determine his bond status in the future, reported News4's Tracy Wilkins.
Last week, a judge in the case ruled that video footage showing Pate blinking when shown a photo of Hailes cannot be used at Hailes' trial, and the state of Maryland has filed an appeal.
Similar evidence has been admitted into trial before in the United States -- but only three times.
"We are disappointed in the court’s ruling, but we feel that the remaining evidence will still allow us to present a strong case and we look forward to proceeding to trial on Dec. 9," said John Erzen of the Office of the State's Attorney.
Pate, a father of three, was left a quadriplegic in the 2010 shooting, suffering a collapsed lung and a severed C5 vertebrae.
Before his death, Pate identified Hailes by looking at a collection of photos and blinking when he saw Hailes' image, authorities said.
"[Pate] was able to clearly look at each photo and was able to blink... It wasn't an involuntary blink," said prosecutor Christine Murphy. "It was a deliberate opening and closing of his eyes."
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Hailes and three other suspects were arrested shortly after Pate's death on charges including first- and second-degree murder.
The video footage of Pate's blinking identification was shown during a Nov. 1 hearing on whether to allow the evidence in court.
The victim's mother, Felicia Pate, attended the hearing and said it felt like losing her son all over again. "I just want justice for my son," she said.
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