A small group of protesters in New Haven are advocating for dropped charges against Robert Cardone Jr. of New Haven.
He was arrested in connection to a bomb scare along Orange Street and surrounding buildings back in August.
In front of a judge on Monday, he applied for a diversionary program that could lead to his release if accepted. But those protestors say he shouldn’t be behind bars in the first place.
“It shows the system doesn’t care about the most vulnerable,” said Nigel Harris, of New Haven, who was advocating for Cardone Jr.'s release.
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He spoke with us outside court while waiting for Cardone Jr.’s appearance. He is facing three felony charges of breach of peace in the first degree, along with two misdemeanors related to trespassing and criminal mischief.
“They are made up, he didn’t do anything wrong, he did the thing you are supposed to do its throw away cans,” Harris said.
According to court documents, Cardone Jr. was walking along Orange Street collecting empty cans on Aug. 30. He collected three oval-shaped metal objects near a construction zone, thinking they may be useful to him.
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Once he determined they wouldn’t, he discarded them.
The document says it was a city hall employee who called in a suspicious person discarding objects they were concerned were bombs.
While responding, police spotted the objects in question, and described them as potential “improvised explosives."
To reach first degree breach of peace, according to statute, it’s required the subject intentionally placed fake explosives or substances with intent of causing a disturbance.
In a statement, the New Haven Police Department said the decision to bring the charges brought “was made with regard to the information available to witnesses and officers at the time as well as the effect his actions had on the surrounding area."
"While the devices were not actual bombs, the police department must treat threats of that nature with extreme caution, which necessitated the evacuation of several buildings and a lockdown of several city blocks," the statement reads.
In court documents, Cardone noted to police, “he did not do it intentionally, and did not intend to cause any disturbance."
The police department said, “We trust the judicial system to determine an appropriate resolution to this case and encourage anyone who sees anything suspicious to report it to their local police department."
But those advocating on Cardone Jr.’s behalf fear the charges won’t be dropped without pressure.
“Robert Cardone is being made an example of, he isn’t trying to be a martyr but they are making him one,” Harris said.
NBC Connecticut reached out to the New Haven State’s Attorney’s Office for comment on the charges, but hasn't heard back.
Cardone Jr. is due back in court on Nov. 4. The judge anticipates they could have a decision on his diversion program application.