MACON, Ga. — For the first time since his brazen escape from the Bibb County jail on Oct. 16, Johnifer Barnwell took a seat in Courtroom E of the William Augustus Bootle Federal Building almost two months after being convicted on a slew of federal drug and gun charges on Oct. 2.
The sole federal inmate of the four escapees — and the only one to be convicted of the crime he was in jail for — appeared before U.S. Magistrate Judge Charles Weigle for his initial appearance on a new charge: escape from lawful custody.
"Do remember that any statement you make can be used against you,” Weigle said, "and that is particularly important because we don’t have a lawyer in this yet.”
Before going over Barnwell's Miranda rights, Weigle said: “Of course, we’ve gone over this before."
The hearing was the first time Barnwell appeared in the U.S. Middle District of Georgia since his capture. The hearing primarily consisted of Barnwell being notified of his charges and a discussion on who would represent him in this case.
It all stems from Oct. 16 when Barnwell and three others are accused of escaping from the Bibb County jail after jumping from a second-story day room window, leading authorities on an almost month-long manhunt.
It also comes almost 16 days after Barnwell was captured in an Augusta home on Nov. 12, surrounded by pounds of drugs, including 64 pounds of fentanyl, the Bibb County Sheriff's Office said.
The hearing:
Barnwell was escorted into the courtroom at around 2:20 p.m. dressed in orange jail pants and a plain orange T-shirt. He was flanked by around two U.S. Marshals but others entered the room before the proceedings started.
He was seated at the far right side of the courtroom. Next to him was an empty chair. He didn't have an attorney.
There were chains around his waist and handcuffs around his wrists.
Before the hearing, which started at around 2:30 p.m., Assistant U.S. Attorney Will Keyes handed Barnwell his three-page indictment.
As they waited for the proceedings to begin, Barnwell leaned over the table, swiveling back and forth as he familiarized himself with his indictment.
He once asked Keyes who would be the prosecutor in the case. He later asked a question about the indictment before being advised to wait to speak with an attorney.
During the hearing, Keyes told Barnwell that he was charged with escape from custody, which carries a maximum of 5 years in prison. That would be on top of the possible life sentence he faces on his drug and gun charges.
The hearing, which was roughly 8 minutes long, was spent largely on Barnwell's legal representation. They asked Barnwell whether he would like to retain his previous attorney who was not at the hearing due to medical issues, or if he needed a court-appointed attorney.
It was one of the only things Barnwell said during the hearing.
“I seek appointed counsel on this case,” he leaned forward and said into the courtroom's microphone.
“I gather from what the clerk tells me is that you will be eligible for appointed counsel," Weigle said. "We will find an attorney to represent you. It might take a little time.”
Because of the number of co-defendants in Barnwell's previous case — around 14 other people — Weigle said there are a large number of attorneys with a conflict of interest.
However, he said, they'll try to appoint an attorney for Barnwell within the week. Then, they'll have Barnwell's arraignment where he'll have the chance to plead guilty or not guilty.
They also squashed the idea of pre-trial release. Considering the charges against him and his conviction, Weigle said that it was "a moot issue."
In the government's motion to detain Barnwell, they also said that there is a "serious risk that the defendant will flee." Because of that, he will be held in jail until his sentencing.
Currently, it is unclear where Barnwell is being housed. As a federal inmate, he was being held at the Bibb County jail on a contract between the U.S. Marshals and the Bibb County Sheriff's Office.
After he was captured, the U.S. Marshals can decide to house Barnwell wherever they would like, but they have not disclosed where that is.
Keyes was representing the U.S. Government on Tuesday but it will be handed off to Assistant U.S. Attorney Joy Odom for prosecution.
The escape:
In an affidavit, FBI special agent Amanda Risner — who specializes in drugs, drug trafficking and gangs — outlined for Weigle how the escape unfolded and some of the techniques used in the investigation.
The affidavit offered new details about the blue Dodge Challenger which was caught on surveillance footage parked outside of the Bibb County Jail. They say it was near the jail's fence at 10 p.m. on Oct 15, the day before the escape, the document read.
Then, an unidentified man was seen exiting the Challenger, cutting a hole in the jail fence and entering the area between the two jail fences.
After cutting through the inside fence, the affidavit said the man was seen dropping off a backpack outside the window of the B300 wing that the four Bibb County escapees jumped from.
The Dodge Challenger and the man driving it then left the area, according to the affidavit. But the vehicle returned to the scene roughly 5 hours later at 3:20 a.m.. This time, however, the vehicle stayed parked for "several minutes" and then left.
It was only "a few minutes later" that the four Bibb County escapees jumped from a damaged dayroom window in the B300 wing and made a break for it.
Surveillance footage Sheriff David Davis released after all the inmates were captured shows the four men escape.
First down, according to the affidavit, was Chavis Stokes, who was charged on an array of different crimes.
Next down was Barnwell, who would throw the backpack dropped off by the Dodge Challenger earlier that night into the courtyard. Then, Barnwell and Stokes would run across the outer courtyard of the jail and slid through the hole cut into the fence.
Then, it says Marc Anderson and Joey Fournier were the next to run.
On the run:
After all four inmates escaped, that is when the affidavit suggests Janecia Green — who is charged with helping Barnwell — may have picked up Barnwell.
"I assess that Green is likely located with Barnwell and one or more of the other three fugitives," the affidavit read
On the same day as the Bibb County jailbreak, the affidavit says an arrest warrant was issued for Green.
It is unclear in the affidavit how suspicion was thrown on Green, but when it did, they checked the surveillance footage from the public housing complex Green lived in.
They saw Green's vehicle leaving her home at around 3:17 a.m. the night of the escape, the affidavit read. According to the sheriff's office, it is believed the inmates escaped around 3:30 a.m.
Her car's license plate was captured in Jones County at around 4 a.m. on Highway 57 eastbound, which goes towards Augusta and the South Carolina border.
A judge allowed authorities to track any cell phone towers her phone "pings," but the affidavit said Green's phone had been off since the escape. At one point, however, her phone did turn on, pinging a tower in Columbia, South Carolina at around 10:50 a.m.
They say this suggested Barnwell had fled the state.
"The location of Green's phone in South Carolina suggests that Barnwell has moved in interstate commerce to reach South Carolina in his flight to avoid prosecution," the affidavit said.
In a press conference after the escape, Davis said that ultimately Barnwell's connection with Green and Jacorshia Smith — who was also charged with aiding and abetting — would lead them to the Augusta home where Barnwell was captured.
There are no cameras or audio recordings in federal court.