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#Brian Boyd nearly freed by bail mistake in NYC hit-and-run death of Lisa Banes

#Brian Boyd nearly freed by bail mistake in NYC hit-and-run death of Lisa Banes

The man charged in the hit-run that killed “Gone Girl” actress Lisa Banes was almost set free Friday when a Manhattan prosecutor mistakenly advised the judge that the suspect had to be released without bail.

Manhattan Criminal Court Judge James Clynes eventually set bail at $30,000 for Brian Boyd — who was arrested Thursday for the deadly June 4 collision — after the confusion was cleared up following a nearly hourlong break outside the courtroom.

“We’re gonna start all over again,” Clynes said — after initially giving Boyd supervised release following incorrect information from a prosecutor that the case mandated no bail.

A different prosecutor, Assistant District Attorney Bernard Eyth, had appeared after the break and informed the judge: “Any crime that is alleged to have caused the death of another person is a [bail] eligible offense,” meaning a defendant can be held on bail.

Clynes said, “Earlier, a mistake was made when the court was informed that this was not bail-eligible.

“So that prior decision was as mistake. I’m now correcting that mistake.”

Lisa Banes
Lisa Banes died earlier in June after a hit-and-run incident in NYC.
Larry Busacca/Getty Images

Boyd’s lawyer, Angela Harris, said the facts remain the same despite the mistake and she still didn’t believe bail was necessary.

The lawyer declined to comment on whether her client would be able to make bail at some point.

The 26-year-old man allegedly hit Banes while riding a Fairthorpe scooter at the corner of West 64th Street and Amsterdam Avenue — the same Upper West Side block that he lives on.

Brian Boyd's bail was set at $30,000.
Brian Boyd’s bail was set at $30,000.
Steven Hirsch

The 65-year-old actress — who was visiting from Los Angeles and on her way to meet a friend for dinner — suffered traumatic brain injury and died 10 days later.

Boyd was charged with leaving the scene of an accident resulting in a death and failing to yield to a pedestrian in a crosswalk.

He’s due back in court Aug. 11.

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