While YNW Melly awaits new trial in jail, his lawyers want him out. Could that happen?

As YNW Melly awaits his new trial in October, the rapper’s attorneys are trying to get him out of jail — at least for now.

Defense attorney Stuart Adelstein asked Broward Circuit Court Judge John Murphy on Tuesday to consider setting a bond for Melly before his trial begins on Oct. 9 with jury selection.

In the court filing, Adelstein pointed out that Melly “voluntarily surrendered” to authorities at the Broward jail on Feb. 13, 2019, just five days after Miramar police issued an arrest warrant for the rapper.

Defense attorney Stuart Adelstein, with Jamell Demons, better known as rapper YNW Melly, at left, gives his closing argument in his trial at the Broward County Courthouse in Fort Lauderdale on Thursday, July 20, 2023. Demons, 22, is accused of killing two fellow rappers and conspiring to make it look like a drive-by shooting in October 2018. (Amy Beth Bennett / South Florida Sun Sentinel)
Defense attorney Stuart Adelstein, with Jamell Demons, better known as rapper YNW Melly, at left, gives his closing argument in his trial at the Broward County Courthouse in Fort Lauderdale on Thursday, July 20, 2023. Demons, 22, is accused of killing two fellow rappers and conspiring to make it look like a drive-by shooting in October 2018. (Amy Beth Bennett / South Florida Sun Sentinel)

Adelstein also argued that co-defendant Cortlen Henry, who faces two first-degree murder charges as well as an additional two counts of accessory after the fact, has been out on bond since late June.

For the first time, Melly’s legal team is requesting an Arthur hearing, which allows judges to set bonds for defendants charged with crimes that aren’t eligible for bail. During the hearing, prosecutors must establish that they have proof greater than proof beyond a reasonable doubt.

Judge John Murphy receives a question from the jury from Broward Sheriff’s Office court deputy Gary Toth in the trial of Jamell Demons, better known as rapper YNW Melly, at the Broward County Courthouse in Fort Lauderdale on Friday, July 21, 2023. Demons, 22, is accused of killing two fellow rappers and conspiring to make it look like a drive-by shooting in October 2018. (Amy Beth Bennett / South Florida Sun Sentinel)
Judge John Murphy receives a question from the jury from Broward Sheriff’s Office court deputy Gary Toth in the trial of Jamell Demons, better known as rapper YNW Melly, at the Broward County Courthouse in Fort Lauderdale on Friday, July 21, 2023. Demons, 22, is accused of killing two fellow rappers and conspiring to make it look like a drive-by shooting in October 2018. (Amy Beth Bennett / South Florida Sun Sentinel)

According to court records, an Arthur hearing is scheduled for Sept. 15.

“In this case, the State obviously failed to prove beyond a reasonable doubt that the Defendant committed the crimes of First Degree Murder when this Court declared a Mistrial on July 22nd, 2023 because the jury could not reach a unanimous verdict,” Adelstein said in the court filing.

READ MORE: Mistrial declared after jury deadlocked in YNW Melly double murder trial

Melly will appear in court Friday morning as his defense attorneys argue that the state should terminate GPS monitoring on state witness Felicia Holmes, the mother of Melly’s ex-girlfriend. In Melly’s first trial, Holmes, who prosecutors declared a “hostile witness,” denied lying to the police and said she couldn’t remember her previous statements, including what Melly said on FaceTime the night of the murders and what her daughter’s phone number was back in 2018.

Melly, whose real name is Jamell Demons, is accused of gunning down his childhood friends Anthony Williams and Christopher Thomas Jr. in an alleged drive-by cover-up after spending the night of Oct. 26, 2018, at a Fort Lauderdale recording studio. Williams and Thomas, both aspiring rappers with the YNW collective, were known as YNW Sakchaser and YNW Juvy, respectively.

The 24-year-old’s case is among the first being considered after Florida Gov. Ron DeSantis signed a law to lower the threshold for a death sentence to an 8-4 jury vote, from a unanimous vote.