An Alabama judge has decided not to raise the bail for a man accused of attempted murder, despite requests from both prosecutors and local residents. The suspect remains out of custody.

The incident occurred on October 4, shortly after 11:30 p.m., following the Morehouse-Tuskegee Classic college football game in Montgomery, Alabama. According to Montgomery Police Chief Jim Graboys, the shooting resulted in two fatalities and 12 injuries. He noted that among the 14 victims, only one was specifically targeted, and multiple individuals were involved in the shooting.

“This incident began with an individual, one of the 14 who were either injured or killed, whom we believe was singled out,” Graboys explained. “Essentially, a gunfire exchange erupted, and when that happened, several people in the crowd drew their own weapons and started firing.”

Javorick Whiting, a 19-year-old suspect, was taken into custody on October 16 and has been charged with attempted murder in connection with the mass shooting. Court documents reveal that the individual Whiting allegedly shot remains in critical condition.

Photo of 19-year-old Javorick Whiting. (Courtesy of Montgomery County Sheriff’s Office)

After being taken into custody, a judge set bond at $60,000, which Whiting was able to post on Oct. 17 through a bail bond company, court records obtained by Fox News Digital show.

After outcry from the community, prosecutors filed a motion to increase Whiting’s bond, arguing $60,000.

“The current bond amount is woefully inadequate to protect the public from this dangerous and violent criminal,” the DA’s office wrote.

This image taken from video provided by WSFA shows the scene after a shooting earlier Saturday in downtown Montgomery, Ala., Sunday, Oct. 5, 2025.  (WSFA via AP)

The DA’s office wrote that the 19-year-old’s actions show he’s a “danger to the community” and therefore should be behind bars.

However, District Judge Michael Godwin denied the motion to increase bond, writing that prosecutors didn’t present any new evidence. Godwin wasn’t the judge who set Whiting’s $60,000 bond.

“The issue the Court has with the State’s request is that there is no new or additional information the State has presented to the court that was not presented or available at the initial appearance hearing when bond was addressed,” Godwin wrote.

Javorick Whiting as he was taken into custody by the Montgomery Police Department. (Montgomery Police Department)

Republican Gov. Kay Ivey previously expressed her frustrations in a Facebook post.

“Today, we learn that one of the four suspects has been released back onto the streets,” Ivey wrote on Oct. 20. “This is exactly the legal loophole that I and many in the Legislature sought to close when I signed the Safe Alabama package. Next May, all Alabama voters will have a chance to end mandatory bail for those suspected of attempted murder by voting to expand Aniah’s Law. I will not forget today’s troubling news when casting my vote.”

Aniah’s Law was passed in 2019 in honor of Aniah Blanchard, who was murdered in 2019 by someone who was out on bond for violent offenses. The law allows judges and prosecutors to request and deny bail for offenses such as kidnapping, murder, rape and aggravated child abuse.

Lawmakers recently passed legislation which would add attempted murder to the list of eligible charges in Aniah’s Law, but it still needs to be approved by voters in the state.