A magistrate’s decision to allow a man suspected of rape to be released from jail is causing a lot of controversy in Mecklenburg County.

Martin Russell Diamond, 23, was arrested on May 18 and charged with first-degree rape with a deadly weapon, a first-degree sex offense, assault inflicting serious injury, kidnapping, breaking and entering, larceny and assault with a deadly weapon.

Police say Diamond knew the victim. According to published reports, she is someone he once dated.

Diamond was held at the Mecklenburg County jail on a $105,500 secure bond. One day after his arrest, a magistrate changed the condition of his bond to “unsecured.”

An unsecured bond does not require someone who's been arrested to pay a bond up front in order to be released from jail. Subsequently, Diamond was allowed to walk out of jail that same day.

Police say they were not aware that Diamond had been released until five days later when they obtained a warrant against Diamond to add attempted murder to his litany of charges, in relation to last week‘s attack.

Police say his release was a mistake, but court officials say there was no error.

The Charlotte Observer is reporting that Mecklenburg Chief District Court Judge Lisa Bell, who supervises the magistrates, said the change was intentional. She said Magistrate Sylvia Cherry made the decision to unsecure the bond after she spent more than an hour with Diamond and reviewed police affidavits.

"It was a discretionary decision," Bell said. "There are no indications that it was anything inappropriate or that she showed favorable treatment or neglect of responsibility."

Bell said Diamond, who has no previous arrest record in Mecklenburg County, showed up in court for a hearing on the day after his release.

Cherry, who has been a magistrate for about eight years, has been placed on leave while officials investigate the incident, Bell said.

CMPD’s Violent Criminal Apprehension Team is on the hunt for Diamond and asking the public for any information about his whereabouts.

Diamond is 6-feet tall, weighs approximately 155 pounds and has a tattoo of a cross on his shoulder. Police say he should be considered extremely dangerous.

Anyone with information is asked to call 911 or 704-336-VCAT (8228) vcat@cmpd.org. Anonymous tips may also be forwarded to Crime Stoppers at 704-334-1600 704-334-1600 or http://www.charlottecrimestoppers.com. All information will remain confidential.

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