New London Superior Court Judge John Newson on Thursday rejected a request to reduce the $5 million bond for a man charged in a fatal 2022 shooting.

Atlantikh Balidemaj, 23, has remained in prison on murder and gun possession charges since his Dec. 9, 2022 arrest in the Nov. 5, 2022 shooting death of 30-year-old Jashira Pagan of Norwich. Balidemaj is charged with shooting Pagan in the face outside the Uncas Condominium unit she shared with her mother after spending the night with her. He has pleaded not guilty to the charges.

William T. Koch Jr., Balidemaj’s attorney, argued in court on Thursday that the $5 million bond was excessive and violates provisions of both the state and federal constitutions that protect individuals from excessive bail.

Referring to defendants charged with murder in other pending cases in the New London Judicial District, Koch said “there’s nothing even close” to his client’s bond.

While the bail commissioner had recommended a $1 million bond, records show the $5 million bond set on the arrest warrant signed by Judge Shari Murphy was unchanged after Balidemaj’s appearance before Norwich Superior Court Judge Angelica Papastavros.

“Every judge has his or her own discretion” on what is appropriate when it comes to setting a bond,“ Judge Newson said. Disparities in bond amounts from one case to another “doesn’t make it inherently unreasonable,” he said.

And while Koch presented evidence on Thursday that he said would cast doubt on the state’s case against Balidemaj, Newson said his job was not to decide whether the $5 million was too high but rather if there was a change in circumstance that would warrant a reduction.

The most notable change, Newson said, is that a probable cause hearing held in June gave the state an opportunity to present evidence to support its allegations against Balidemaj.

Koch, however, argued that new evidence casts the state’s evidence in the case in doubt. Koch said when the case goes to trial he will have an expert testify that the gunshot residue found on Balidemaj’s sweatshirt might have come from a nail gun.

Police had linked the gunshot residue to the shooting, but Balidemaj claims to have been using a nail gun prior to the shooting while working with his father in Pennsylvania.

Koch also said investigation has revealed an email from Norwich police to state prosecutors that incorrectly questioned Balidemaj’s citizenship, which might have made him more of a flight risk in the judge’s view. Balidemaj has attended school in Albania but is a U.S. citizen with strong ties to Norwich, Koch said.

Koch also revealed that Balidemaj tried to join the U.S. Army just days before his arrest.

“If he was going to take off, he had plenty of time to do it, He did the opposite,” Koch said.

Koch recalled his representation of one of the two men charged in the high profile 2004 beating death of Eugene Mallove in Norwich. Both of the men initially charged were determined to be innocent because of a mix up with DNA evidence at the state crime laboratory.

“Police sometimes get it wrong,” Koch said.

Koch said Balidemaj’s family, which owns Modelo Bar & Grill, was willing to post a real estate bond of up to $1.6 million to free Balidemaj before trial. Koch said Balidemaj is not a flight risk or dangerous.

Assistant States Attorney Thomas DeLillo argued that despite no eyewitness and no murder weapon, the state has a solid case that includes surveillance footage of Balidemaj fleeing the scene after the shooting. Delillo said Balidemaj also made statements to police that could be interpreted as a confession.

The case was continued to Oct. 16.

g.smith@theday.com