In the arraignment Friday of Marc T. Dern, the Springs man accused of unintentionally killing a close friend, Kevin Somers of Amagansett, during a fight on Feb. 5, New York State Supreme Court Justice John B. Collins reduced Mr. Dern's bail to $150,000 cash or $1.5 million bond or partially secured bond — which, either way, would require a payment of $150,000.
"This is the least restrictive" condition that would "reasonably assure" Mr. Dern's return to court, Justice Collins said.
Initially, his bail had been set by a lower court at $500,000 cash, $1 million bond, or $3 million partially secured bond. Mr. Dern was indicted Wednesday by a grand jury on a charge of first-degree manslaughter, a violent felony that carries a prison sentence of five to 25 years, to which Mr. Dern has pleaded not guilty.
On Friday, Mr. Dern, who wore handcuffs and leg irons during his appearance in front of Justice Collins, was again remanded to the county jail. His attorney, John Ray, said he was "optimistic" that cash bail could be posted, at which point Mr. Dern's passport will also be surrendered, also by order of Justice Collins.
Half the courtroom was filled with about 15 of Mr. Dern's family members and friends, including his wife, Amanda Dern. The aisle down the middle of the room served to separate them from a handful of Mr. Somers's loved ones, also by direction of Justice Collins.
Mr. Ray made an impassioned plea to Justice Collins for cash bail to be set at $50,000, arguing that Mr. Dern is not a flight risk. With no criminal record, Mr. Ray said, Mr. Dern "has lived the life of a very good American citizen." His two sons, ages 4 and 2, have autism, Mr. Ray said. It requires Ms. Dern to be a stay-at-home mother while Mr. Dern earns a salary working as caddy master at the Maidstone Golf Club, a seasonal position that Mr. Ray said his client still maintains. He has "no economic capacity" to flee and many people have vouched for Mr. Dern's "solidity, integrity, and good faith" in letters of support, Mr. Ray said.
"That's the kind of man who doesn't flee. . . . The charge is serious, but his legal situation, your honor, is not fraught with hopelessness," he said.
Neither Mr. Ray nor the prosecutor, Assistant District Attorney Elena Tomaro, denied that alcohol was consumed the day that Mr. Dern, 34, and Mr. Somers, 45, spent watching golf and the Olympics on TV. However, Ms. Tomaro described the amount as "some alcohol," while Mr. Ray described "plenty of alcohol spread all around" the room.
It remains unclear how and why the two men started fighting, but Ms. Tomaro said there is no evidence of self-defense on Mr. Dern's part. She said that Mr. Dern told police that "he never touched the victim" other than to grab him by the lapels of his shirt. The evidence, including lacerations on Mr. Somer's face and bruising on his neck, contradicts that account, Ms. Tomaro said.
Mr. Ray, in his plea for lower bail, told the judge he plans to craft his defense, in part, around Mr. Dern's "lack of intention" in order to "bring this down to a lower charge."
On the night of Feb. 5, at the Derns' house on Lincoln Avenue, it was Ms. Dern who at 10:40 p.m. called the East Hampton Town police, who then contacted the Suffolk County Police Department's homicide section to investigate. Mr. Dern was arrested on Feb. 10 and was arraigned by Southampton Town Justice Karen Sartain the next morning after East Hampton Town Justice Steven Tekulsky recused himself from the case.
Another question remains unanswered thus far: how long it took for the Derns to call for help after the two men's fight. Initially, Kerriann Kelly, the prosecutor who heads the Suffolk County district attorney's homicide bureau, asserted to Justice Sartain that it took about three hours for the police to be called. First responders reportedly found Mr. Somers outside on the Derns' porch.
On Friday, Mr. Ray said he has a sworn statement from an emergency medical technician that Mr. Somers's skin was still warm to the touch when they found him on the porch. An autopsy by the Suffolk County medical examiner attributed Mr. Somers's death to neck compression that had caused his hyoid bone to break, essentially suffocating him.
Justice Collins, who had called Mr. Dern by the name "Mr. Drew" a few times during Friday's proceedings, apologized to the defendant twice for the mistake.
Mr. Dern's next court date is April 14. Justice Collins warned him that if he fails to appear whenever required, or if he gets into further legal trouble, he will forfeit his bail, the bail could be increased, or he could be remanded to jail once again. Three times Justice Collins asked the defendant if he understood, and three times Mr. Dern replied "I do, your honor."
Outside the courthouse on Friday, Ms. Dern said the support of friends and family members "is everything at this point." Their older son is particularly distraught, she said.
"Marc has had the same friends since he was a young boy. I think them being here speaks to the character of my husband," said Ms. Dern, who remained composed during an interview.
She and her husband have been together for 10 years, and married for the last five. Asked whether they are close with Mr. Somers's family, Mr. Ray and Ms. Dern declined to comment.
