Alleged Shooter Remains in Jail Pending Indictment

Frank A. Hanna, the man late last month, will await a grand jury indictment from a jail cell.

Suffolk County Sheriff's Deputies brought Hanna, who turned himself in on May 30, to on Tuesday. Hanna pleaded not guilty to felony charges of third-degree criminal possession of a weapon and second-degree assault, both felonies, and second-degree menacing, a misdemeanor, at his arraignment on May 31. He is being held on $50,000 bail.

Under Criminal Procedure Law, the district attorney's office must take some action on a felony charge within 120 hours, or 144 hours if a weekend or holiday is included, from the time of the arrest. Hanna's "180.80" day, as it is known, was set for Tuesday.

Appearing before East Hampton Town Justice Catherine A. Cahill, Hanna's attorney Susan Menu waived Hanna's "180.80." Outside of court, she said she and her client were cooperating with the district attorney's office.

"This is an unfortunate. They were friends," Menu said, noting that the victim, 20-year-old .

Menu expects the case will be transferred to the Suffolk County Criminal Court. Justice Cahill put Hanna's case in the lower court over until Sept. 20 so that Hanna and Menu don't have to keep appearing in East Hampton as they await an indictment in criminal court, which is based in Riverhead.

Meanwhile, Kimberly Delrio, who drove Stephens to Southampton Hospital , will be arraigned on misdemeanor charges in East Hampton Town Justice Court on June 20.