Delia D'Ambra

The lawyer pointed out that since there was no direct evidence Dwayne had been coerced or forced by Robert and Jennifer, there was really no legal grounds for the exploitation charge.

But the defense's point fell flat because in the state of Georgia, the statute for exploitation of an elder or a disabled person is rather broad.

The prosecution argued that by Jennifer and Robert admitting to leaving Dwayne in a state he wasn't from by himself, their actions met the criteria for exploiting or the deprivation of an elderly or disabled person.

In the end, the judge ruled that it would be up to the grand jury to decide whether to indict the couple on the murder charge, as well as whether to move forward with the exploitation charge.

At the time, Jennifer had two young kids in New York from a prior relationship, but she'd previously lived in Georgia while attending a hair salon school to become a cosmetologist.

Her defense team argued that she should be given bond in the murder case because she had relatives in Georgia who were planning to let her live with them while she awaited trial.

Robert's lawyer argued something similar regarding the bond issue.

He claimed that since Robert had family members close by in eastern Tennessee who were willing to ensure he abided by the conditions of a bond, he should be released on bond while awaiting trial as well.

But the prosecutor vehemently opposed the judge setting bond for both defendants because he claimed that neither Jennifer or Robert had substantial ties to the community where they'd allegedly committed the murder, and their lawyers were having to stretch the truth a bit to establish that the family they did have in the region was at all close with them.

The state argued that Robert was also a considerable flight risk because he dodged the U.S.

Marshals several times after they'd informed him he was wanted for murder.

Regarding this specific issue, the lead prosecutor said in part, quote, When contacted multiple times by the United States Marshals Service, he evaded them.

He gave them dummy locations.

That's clear indication of flight.

End quote.

Before ending the preliminary hearing, the judge denied the couple bond, citing that neither of them had ties to Catoosa County, Georgia, and Robert in particular posed a flight risk.

In early April 2016, grand jurors issued indictments against the couple for one count of aggravated assault, one count of exploitation and intimidation of a disabled adult or elder person, one count of malice murder, and two counts of felony murder each.

The indictments explained that the defendants' alleged actions of aggravated assault and exploitation were the felonies that qualified them for the felony murder charges.

Which, if you're unfamiliar, the felony murder rule is a legal mechanism in many U.S.

states that permits prosecutors to charge a person with murder if, while in the act of committing a felony, a victim dies as a result.