A Pleasantville man was ordered held after he was arrested with a gun while on probation in prior gun case.
Jonathan Valentine, 20, was arrested at 12:35 a.m. Aug. 22, after Atlantic City Police Department Surveillance Center staff saw him with a handgun inside a car in the 100 block of Magellan Avenue, according to the charges.
He was seen handing the gun to the driver, Quinia Jones, who handed it back to him, according to the report.
Jones, 18, also was arrested.
But her attorney said he could not believe she was even charged.
“Even if you believe facts of the case — that a guy got in car, handed her a gun and she handed it back — is that really unlawful possession of a gun without a permit?” defense attorney Tom Rossell asked. “I don’t think the statute was made for that.”
Judge Pam D’Arcy said there could be a question “whether that can sustain the charge beyond a reasonable doubt.”
She also noted that Jones’ lack of a criminal history would make her eligible for a Graves waiver if the charge does stand, meaning it is unlikely to be incarcerated.
The Graves Act has mandatory prison sentences in gun cases.
Rossell also pointed out that Jones has no criminal history except for a juvenile theft charge from four years ago. She also was getting ready to start classes at Atlantic Cape Community College to become a nurse.
“She is not a person who should be incarcerated awaiting her trial date,” D’Arcy said in releasing Jones last week.
But she had a much different take on Valentine, who was given five years’ probation in March 2023, in another gun possession case.
“He was given every opportunity and he didn’t take it,” the judge said. “He picked up the same charge for which he pled guilty a year and a half ago. That poses a significant danger to this community.”
Defense attorney Joe Swift argued for his release, saying that Valentine is working three jobs and takes care of his disabled aunt.
The aunt along with five others sent character letters to the court, including Valentine’s brother who is a Northfield police officer.
“The facts of this case are a little unusual,” Swift said. “How surveillance saw inside a car that he possessed a gun. There are then reports that the female driver was seen with the gun and then handed it over to Mr. Valentine. I don’t know what really happened here: two people and one gun. I guess those issues will be sorted out as the case moves along.”
For now, Valentine will remain jailed pending the outcome of the case.