ROCHESTER, N.Y. – News10NBC is staying on top of our investigation as to why a 21-year-old arrested in a robbery that included assaulting a store clerk and a police chase walked out of court without bail. Chief Investigative Reporter Berkeley Brean helps us understand why by getting the list of every crime that does have bail.

Here is the full list of bail eligible charges:

The list is 16 pages long and alphabetical with more than 270 charges where bail can be set under some or any circumstance. Towards the end are the robberies, and that’s where this story comes in.

The three people accused of leading police on a chase after robbing a Quicklees in Irondequoit were charged with second degree robbery, section 160.10, subsection one. A judge can only set bail for this charge if the crime was sexually motivated or a crime of terrorism. Neither of those apply to what happened Tuesday night.

So, the only thing Irondequoit Town Judge Brian Green could do was release 21-year-old Khalique Watts with an ankle bracelet. When Berkeley interviewed Irondequoit Police Chief Scott Peters about this, he asked him about Watts.

Berkeley Brean, News10NBC: “Do you think he ought to be in custody?”

Chief Scott Peters, Irondequoit Police: “Of course he should.”

Peters also noted that Watts has a prior conviction for an attempted robbery and was arrested on a bunch of other robbery charges last year.

Interestingly, subsections two and three of second-degree robbery are bail eligible with no conditions. Only subsection one is not, and that’s the charge the suspects got who were arrested Tuesday night.

“Why do you think the state legislature said two sections of second degree robbery are bail eligible but the first section isn’t?” Berkeley asked Peter Pullano, attorney at Tully Rinckey.

“The way the robbery second statute is drafted, that first section is pretty much a robbery in the third-degree, but there happens to be a second person present,” Pullano said. “It’s a more encompassing statute that could cover a lot of different activity much of which would be just like a robbery third degree, probably not the type of thing that we need or want the detention.”

“I think this is what confuses people,” Berkeley said. “You’ve got an allegation of a robbery where the clerk was punched and the suspects drive away in a suspected-stolen car and lead police on a chase and the only thing the judge can do with the adult involved is put an ankle bracelet on him.”

“I’m sure it does,” Pullano said. “Within that robbery statute it is possible if there’s physical injury involved and, I double checked the statute. It doesn’t even have to be serious physical injury. There are levels to these things, but the statute says physical injury. So it does look to me as though the individual could have been charged in the subsection and then the judge would’ve had different options.”

In her statement attached to court documents, the clerk told police the three suspects were wearing “black ski masks.” She said the men tried to buy a bottle of water and when she opened the register “the two males grabbed the register.”

The clerk says tried to block them.

“One of the males then punched me in the face at which point I fell to my knees and lost control of the register.”

The clerk said she reached for the panic alarm on a second register which was sitting on the counter top but said one of the suspects grabbed it and the three ran towards the car parked outside the front doors.

“During this I was in fear for my life and safety, the clerk said.

The 16-year-old suspect was given a ticket and returned to his parents.

The 14-year-old suspect was sent to the Children’s Detention Center.

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