- The Washington Times - Saturday, January 8, 2005

WALDORF, Md. — A suspect in the Charles County arsons who was allowed to go home until his trial remained in jail yesterday after a federal magistrate judge ruled his girlfriend’s residence was unsuitable for his home detention.

Roy T. McCann Jr., 22, of Waldorf, was ordered released into the custody of his mother Dec. 23.

However, Mr. McCann’s attorney, Joshua Treem, told Judge Charles B. Day at a court hearing yesterday that his client could not live in his mother’s home because her landlord objected to having a fifth occupant in the apartment that she shares with her daughter and her parents.

Mr. Treem asked the court to let Mr. McCann live with his girlfriend of four months while awaiting trial.

Assistant U.S. Attorney Donna Sanger objected to the arrangement, saying Mr. McCann and his girlfriend have an “off-and-on social relationship which has not been of the sort of suitability the court is used to.”

She said that a third-party custodian should be someone in a position to provide stability and exercise control and authority over the detainee.

Miss Sanger said the young woman also has had a continuing relationship with her 3-year-old son’s father, who only recently moved out of her home. She also said that the young woman told authorities she had voluntarily left her job this week,though her employer said she was fired.

Judge Day agreed with Miss Sanger that the girlfriend’s home was inadequate but said he still believes Mr. McCann should be released pending trial.

“The difficulty right now is finding a suitable third-party custodian with whom he can reside,” the judge said.

Mr. McCann is one of six men facing federal arson charges in fires set Dec. 6 in the Hunters Brooke neighborhood of Indian Head. The fires, called the largest residential arson case in Maryland history, destroyed 10 houses and damaged 16 others in varying stages of completion. The fires caused an estimated $10 million in damage.

Aaron Lee Speed, 21, of Waldorf, and Patrick S. Walsh, 20, of Fort Washington, were ordered held until trial.

Michael Gilbert, 21, of Fort Washington, is in custody until a detention hearing scheduled for Monday. Jeremy D. Parady, 20, of Accokeek, was ordered held pending a medical evaluation. Michael M. Everhart, 20, of Waldorf, was released into the custody of his parents.

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