A New Jersey man with paralyzed arms remains in jail more than four months after receiving a gun possession charge despite a lack of evidence and logic.

The man, 28-year-old Marcus Hubbard, was arrested with three other men last August after police found a stolen firearm and a bottle of codeine in the group’s vehicle.

Despite all passengers stating that the firearm was not Hubbard’s, police opted to charge the entire group with “constructive possession” after no one claimed responsibility.

Hubbard’s lawyer, Caroline Turner, stated Tuesday during a bail hearing that her client’s continued imprisonment “shocks the conscience.”

“How could he be held for four months on a gun charge?” Turner said. “He cannot move his arms. They are useless to him.”

Hubbard, who is believed to have Lou Gehrig’s Disease in addition to his spinal condition, was able to get his bail lowered from $100,000 to $35,000 according to NJ.com.

While Turner called for her client to be released without bail, Assistant Prosecutor William Fisher asserted that lack of working arms did not equate to innocence.

“The police reports do seem to confirm this defendant has no use of his hands but I would disagree that that doesn’t mean necessarily that he can’t be guilty of a crime,” said Assistant Prosecutor William Fisher.

Turner further noted that Hubbard was not sitting near the area in which the firearm was discovered, leading her to believe that prosecutors were misconstruing the constructive possession law.

Hubbard currently remains hospitalized in protective custody awaiting his next court date.

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