ATLANTA — After originally being denied bond in February, an 18-year-old Georgian will now be allowed to return home to Milton as he waits for his trial to begin.
During a hearing Tuesday morning, U.S. District Judge for the District of Columbia Randolph Moss granted Cua's pre-trial release with a list of conditions.
Those conditions include not having access to social media, not leaving his parent's property unless it is for education, medical or religious reasons and he would need authorization from the court, he will need to surrender his passport if he has one, there are to be no firearms inside his families home and he will be required to wear a GPS monitoring device.
Cua will be released into the custody of his parents, a scenario another federal judge rejected in February.
During the hearing Tuesday, Moss didn't set an exact time for Cua's release from the Grady County Jail in Oklahoma where the teen is currently being held. One hold-up is Cua, in the past few days, tested positive for COVID-19.
Cua's attorneys, federal prosecutors, and the judge during the hearing discussed how to safely release Cua from a medical standpoint while following CDC guidelines.
Moss though directed Cua's parents to begin making arrangements to drive to Oklahoma to pick-up their son once he is released and drive him back to Milton.
Federal prosecutors objected to Cua's release. In court documents filed Monday, prosecutors called Cua “a significant danger to the community...as the defendant participated in a riot with the intent to stop the certification of the 2020 Presidential election."
They also claimed his social media posts, "show clearly the radicalized mind of a young man fixated on stopping the normal functioning of democracy by violent means. The weight of the evidence is also strong, as the government has the defendant captured on video and in photographs committing the crimes for which he has been indicted."
Prosecutors also argued they have concerns about Cua's willingness to take precautions against the spread of COVID-19 and referenced images of him from Jan. 6 as an example writing, "Videos and photographs of the defendant inside the U.S. Capitol shows the defendant in the large crowd gathered there without any mask or face covering for protection.”
Court filings from Cua's attorneys provided more information about his time in jail.
"We understand that Mr. Cua was assaulted and then threatened by a fellow inmate over this past weekend," the defense counsel's filing reads. "We understand that the inmate struck Mr. Cua in the face with his open hand, injuring his nose, over the use of the phone, and then threatened him regarding the incident."
Then Cua "tested positive for COVID-19 after spending several days in an open room with a couple dozen other inmates."
Cua's attorneys described the two recent events led to him being placed in solitary confinement and that he has been there "all but eight days," since his arrest on February 6.
The approval of Cua's pre-trial release comes days after a letter from Cua to the judge was published in federal court records where he wrote, "I was wrong."
The undated letter, which isn't addressed to a specific judge is described in court documents as being written by Cua, "on his own accord and sent it to his parents, requesting that it be filed. His parents, in turn, sent it to counsel."
Cua also wrote that he has learned his lesson during his month in custody, including over two weeks in isolation, and if released from custody he added, "I promise I will not step one foot out of line."
A federal indictment shows the Milton native faces a dozen charges that include accusations by federal prosecutors of Cua assaulting an officer on the Capitol grounds, illegally entering the Capitol building, and civil disorder.