MARTINSBURG —
The lawyer for a Virginia National Guard member arrested for running near a school while carrying a training rifle said Friday that a charge of terrorism is unjustified, and he’ll ask a judge for both a bond reduction and jail release next week.
The fact that people felt threatened by William Everett Alemar’s presence is subjective and “a loose interpretation of the law” that defense attorney Kevin Mills said he believes a court would reject.
There’s no evidence that 23-year-old Alemar threatened anyone, Mills said, and he can’t be prosecuted for his appearance.
“The acts alleged and charged do not in our view constitute a crime,” he said in an email to The Associated Press.
“Billy is a patriot who is being vilified after honorable service to his country and held in jail when they should be holding a parade to express the community’s appreciation for his valor,” he wrote. “He did not threaten anyone and was after having worked the night shift — out jogging in full gear, as is ordered for reservists.”
Mills said his client works at a local nightclub.
Alemar remained in the Eastern Regional Jail on $50,000 bond Friday.
Prosecutors say he was drunk when arrested earlier this week.
He could get up to three years in prison if convicted of the terrorism charge and another two to 10 years if convicted of the related charge, wearing body armor while committing a felony offense.
West Virginia
Lawyer for Virginia guardsman says terrorism charge unjustified
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Rockefeller sponsors new head-injury legislation
