Brian Boyd was almost mistakenly released on bail in the hit and run death of Lisa Banes in New York



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The man charged with the hit-and-run that killed “Gone Girl” actress Lisa Banes was almost released on Friday when a Manhattan prosecutor mistakenly informed the judge that the suspect should be released without bail.

Manhattan Criminal Court Judge James Clynes finally set bail at $ 30,000 for Brian Boyd – who was arrested Thursday for the fatal June 4 collision – after the confusion was dispelled after a hiatus of nearly ‘one hour in front of the courtroom.

“We’re going to do it all over again,” Clynes said – after initially granting Boyd supervised release following incorrect information from a prosecutor that the case did not require bail.

Another prosecutor, Deputy District Attorney Bernard Eyth, appeared after the break and informed the judge: “Any crime which would have caused the death of another person is a [bail] qualifying offense ”, which means that an accused can be held on bail.

Clynes said: “Earlier a mistake was made when the court was advised that this was not eligible for bail.

“So this advance ruling was a mistake. I am now correcting this error.

Lisa Banes
Lisa Banes died earlier in June after a hit-and-run in New York.
Larry Busacca / Getty Images

Boyd’s lawyer Angela Harris said the facts remained the same despite the mistake and that she still did not believe bail was necessary.

The lawyer declined to say if her client could be released on bail at any point.

The 26-year-old is said to have hit Banes while riding a Fairthorpe scooter at the corner of West 64th Street and Amsterdam Avenue – the same block of the Upper West Side where he lives.

Brian Boyd's bail has been set at $ 30,000.
Brian Boyd’s bail has been set at $ 30,000.
Steven hirsch

The 65-year-old actress – who was from Los Angeles on her way to a friend’s house for dinner – suffered a head injury and died 10 days later.

Boyd has been charged with leaving the scene of a fatal crash and failing to yield to a pedestrian in a crosswalk.

He is due to return to court on August 11.

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