Sep 24, 2022 3 min read

A “highly contagious” strain of the coronavirus is making its way through the Washington County jail, causing a full-scale lockdown over the past week and forcing the delay of a homicide preliminary hearing Friday.

A dozen inmates tested positive for COVID-19 last week and another eight this week, jail Warden Jeffrey Fewell said, although the symptoms are relatively mild and last for about three days.

The recent outbreak caused the staff to restrict visits to the jail and limit anyone coming and going through a five-day lockdown that Fewell expects will end Monday.

“We’re just being precautionary,” Fewell said. “We’re following protocol.”

But the lockdown is affecting the judicial system, as the preliminary hearing for Jamil Carr, who’s accused in the fatal shooting of Antonio Nelson Martinez in Washington earlier this year, was delayed because the defendant could not be transported to attend the proceeding. Carr appeared through video conferencing before District Judge Kelly Stewart in Washington County Central Court, but he demanded that he be able to attend so he could speak to his public defender, Anton Berkovich.

“I should be over there,” Carr told the court while appearing by video from the jail. “I’m not sick. There’s nothing wrong with me. I don’t understand why I’m not being brought over to see what I’m facing. This isn’t a theft case. It’s a homicide.”

Carr told Stewart that he struggled to hear what was being said in the courtroom as his attorney spoke with Deputy District Attorney John Friedmann. The preliminary hearing already had been rescheduled once before, so Stewart was adamant about proceeding with Carr either watching from the jail or being transported to the courtroom.

“We either proceed on (video conference) or we pause and bring him over,” Stewart said.

A member of the court staff called the jail during a brief recess and returned to explain that a five-day lockdown was in place, meaning Carr would not be brought over.

“I have a right to see him,” Carr said about his request to sit next to his attorney so he could speak directly to him. “I have a right to be in the courtroom.”

Berkovich asked for a continuance due to the circumstances, and Friedmann did not object to that request, although he noted that there was a signed court order to transport Carr from the jail to the courthouse. Stewart agreed to reschedule the hearing “in light of the unusual circumstances,” although a new hearing date has not yet been set.

“It is no one’s fault that he’s not here,” Stewart said. “He’s got a lot of questions … and he would like to be beside (Berkovich) asking them.”

Reached by telephone after the hearing was rescheduled, Fewell said he understood that the jail has to follow court orders, but the staff was concerned with the number of COVID cases they’re currently facing.

“They wouldn’t want to bring someone who’s going to infect the courtroom. Especially right now,” Fewell said. “It’s highly contagious.”

Carr is accused of fatally shooting Martinez, 19, of Clarksville, Tenn., outside of Jollick Manor in the early hours of July 15. Carr, 23, of Washington, is believed to be the only person charged in Martinez’s death, although the criminal complaint that includes details of the killing is under seal. The document was set to be released just before Friday morning’s hearing, but remains sealed due to the delay.