SALEM – A Lynn man caught peddling crack cocaine to an undercover officer on Union Street earlier this year remains free on $500 cash bail, despite a strong plea by the commonwealth that it be increased.Jason Day, 25, of 50 Andrew St., appeared for his arraignment in Salem Superior Court Monday pleading innocent to distribution of cocaine, subsequent offense, and assault and battery on a public employee stemming from his arrest in May.Assistant District Attorney John B. Brennan asked the judge to increase his bail to $3,500 based on the minimum mandatory punishment of five years he is facing involving a subsequent drug offense and his prior defaults on court appearances.In his pitch for the higher bail, Brennan told Judge David A. Lowy that the incident occurred about 4 p.m., on May 15 when Day allegedly sold two twists of crack cocaine for $100 to an undercover police officer on Union Street.When police arrested Day they found the marked bills on him.Then during booking, Day allegedly took a swing at one of the police officers at the station.Brennan pointed out to Lowy that Day has several other drug convictions dating back to 2001.Defense lawyer David Grimaldi told Lowy that his client came to court on his own, has strong roots in the community, works part-time at Dunkin’ Donuts and is trying to stay clean.Lowy agreed to keep the same bail as was set previously in district court, but imposed special conditions that require him to undergo random screenings for substance abuse, to be employed or attending school for a total of 40 hours a week or have five pending job applications on file and attend Alcohol Anonymous AA) meetings five times a week.
