Updated:SEMINOLE COUNTY, Fla. —
A former Warlocks gang leader is still a free man after his Seminole County trial, but it may not last for long.
David Maloney bonded out of the Seminole County Jail Friday after he was acquitted of murder in a deadly shooting that started as a charity motorcycle ride.
But the jury was deadlocked on an attempted murder charge, so Maloney was back in court Monday.
During a hearing Monday, prosecutors asked a judge to put Maloney on house arrest and prohibit him from having guns. But the judge agreed with his defense attorney, Michael Lafay, who argued that former gang members know where he lives and he has received threats since the jury found him not guilty of murder.
Three Warlocks members died in the shootout outside a Veterans of Foreign Wars post in 2012.
Lafay showed the judge a Facebook post threatening Maloney, who he said is now on his own and fears for his life.
"I think Mr. Maloney needs to be very cautious and needs to keep one eye over his shoulder," Lafay said. "He has the same rights as anyone else as regards to weapons."
The judge decided Monday not to put any restrictions on Maloney's release. Prosecutors are working to decide whether they'll re-try him for the attempted murder charge. But Lafay said it's hard for Maloney to move forward if he is always watching his back.
"He was acquitted of the main charges. That's a tremendous relief for him and just being out of custody," Lafay said.
State attorneys have 90 days to decide on a second trial. Maloney's attorney said he's preparing in case they are brought back to court for the attempted murder charge.