GREENFIELD — A Franklin County Superior Court judge has taken under advisement a defense attorney’s request to allow his client, who is facing assault charges, to be released during the case’s proceedings.

Judge Michael Callan wanted a second chance to view security footage before rendering a decision in regards to Luis E. Marin, the Greenfield man police say pulled a gun on another man in the Stop & Shop supermarket parking lot on Thursday, March 2. Marin, 39, of Juniper Court, has pleaded not guilty to two counts of assault with a dangerous weapon.

Marin is being held without the right to bail. Attorney R. Dave DeHerdt is asking that Marin be released on personal recognizance.

Police responded to Stop & Shop at approximately 1:45 p.m. on March 2 for a reported threat with a gun, stemming from a confrontation between two men. In a police report, Sgt. Megan Cloutier states she reviewed security footage that corroborated statements from the alleged victim and a supermarket employee, both of whom said Marin brandished a gun. Assistant District Attorney Elayna Bartolomeo, who is prosecuting the case for the Northwestern district attorney’s office, showed Callan footage from two camera angles and said Marin is seen with a firearm and a cellphone.

But DeHerdt, who has been appointed to represent Marin, told Callan the footage shows Marin holding a cellphone only, not a firearm. He also said the footage contradicts claims made by the alleged victim and the supermarket employee that Marin brandished a firearm and waved it in the air. He also mentioned no gun was located on Marin’s person or in his vehicle and searches for one in the immediate area were unsuccessful.

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