Katie Moore / Eyewitness News
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NEWORLEANS- Mother's Day shooting suspect Akein Scott is out on bond right now after getting arrested on a number of drug and weapons charges in March.

It was Scott's second gun arrest. DA Leon Cannizzaro dropped the charges against Scott on the first one. Cannizzaro says he had to because he couldn't prove it in court.

New Orleans police say they believe 19-year-old Akein Scott is the man who was caught on surveillance video unloading a gun into a packed Mother's Day second line crowd.

He's now wanted, but he's already out on bond in another gun and drug case. In March, police arrested Scott at a 7th Ward corner store.

They booked him to face a number of charges including: resisting an officer, contraband, illegally carrying a weapon, heroin possession and having a stolen weapon.

The DA is prosecuting him for illegally carrying a weapon and heroin.

'It's my job to look at the charges and determine what I believe is the most serious charge that I can prove and that's exactly what we did in this case,' said Orleans Parish District Attorney Leon Cannizzaro.

Cannizzaro said a conviction would guarantee jail time but Scott was arrested before with a stolen gun.

Cannizzaro refused that case.

'I couldn't prove that he knew or should have known that the gun was stolen in 2007, five years before he finds himself in possession of that weapon,' Cannizzaro said.

According to the DA, even though Scott wasn't prosecuted for possession of a stolen weapon, the judge should've considered the arrest in setting the $15,000 bond for Scott's latest charge.

A clerical error in court documents showed Scott had been released on a bond backed by $5,000, not $15,000 as the judge ordered.

But a spokesman for Orleans Sheriff Marlin Gusman gave WWL-TV a receipt showing he paid for the full $15,000 bond despite the error.

No matter the bond, Scott is now wanted in connection with the shooting of 19 people, and DA Cannizzaro says, 'I would hope that he does the right thing and turns himself in.'

Scott is supposed to be in court May 16 for a hearing on his latest gun and drug case.

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