Prichard official faces bail fight after federal gun plea

Albert McCreary is currently behind bars.

The 55-year-old Prichard code enforcement officer and Mobile County constable pleaded not guilty to state charges on Tuesday. He faces four counts: first-degree rape, insurance fraud, possession of a forged instrument, and perjury. Only the rape charge qualifies for bail review under Aniah's Law, a statute that allows judges to withhold bail for defendants charged with specific violent felonies.

Mobile County Assistant District Attorney Stuart Lang filed a request on Wednesday for District Judge Zackery Moore to deny bail. Lang called McCreary an "extreme flight risk." The filing states that prosecutors allege McCreary told a woman on July 9 that he was "Detective Black" with the Prichard Police Department. Lang wrote that McCreary then forcibly raped the woman inside a municipal vehicle. The victim reported the alleged sexual assault to the FBI on July 20.

McCreary also pleaded guilty in federal court on Friday to being a convicted felon in possession of a firearm. He admitted to having a gun despite a 2009 felony battery conviction in Florida's Escambia County, which legally barred him from possessing firearms. His federal sentencing is scheduled for January. Lang noted that McCreary faces possible imprisonment in that federal case.

State law enforcement officers arrested McCreary on Thursday. This occurred one day after a federal magistrate judge agreed to release him from jail. Judge Moore ordered McCreary to remain in custody until the bail hearing scheduled for Monday.

Eric Roberts, McCreary's attorney, told FOX10 News that he has not yet reviewed the case in depth. A spokeswoman for the city of Prichard did not immediately respond to questions regarding McCreary's current employment status.

The insurance fraud and perjury charges arise from allegations that McCreary lied about his address and other details while obtaining a bond. Constables in Mobile County are required to secure such bonds.