A Falconer man indicted earlier this year on a federal charge in connection to a cold case homicide remains in custody.

A U.S. magistrate judge in April ordered Anthony Neubauer be released to home incarceration with use of GPS monitoring. However, a spokeswoman with the U.S. Attorney’s Office, Western District of New York, said the government has been “arguing for his continued detention.”

Neubauer, 36, is facing a federal charge of kidnapping resulting in death, which carries a mandatory minimum sentence of life in prison if convicted.

The previously undisclosed homicide first came to light in March. In a news release, the U.S. Attorney’s Office announced the federal grand jury indictment, accusing Neubauer of kidnapping an individual identified only as “J.A.” on May 27, 2014.

According to the criminal complaint, Neubauer allegedly transported the victim from New York to Pennsylvania, resulting in J.A.’s death. Though the victim has not been identified by prosecutors or local police, it’s been learned that the case is tied to the May 2014 disappearance of Joseph Anthony.

The Falconer resident was arraigned March 24 before U.S. Magistrate Judge Jeremiah McCarthy.

A stay preventing Neubauer’s release had been in place through this past Monday. The spokeswoman for the U.S. Attorney’s Office told The Post-Journal that the stay “preventing his release continues until further notice” following a hearing in Buffalo.

The spokeswoman did not elaborate on why the office is seeking to have Neubauer remain in custody.

When reached Tuesday, Neubauer’s attorney, Eric Soehnlein, released the following statement: “Mr. Neubauer is a highly decorated veteran, having served several tours of active duty in Iraq. He denies the allegations in this case. He is thankful to the Court for its time and attention to issues regarding his release, and he is looking forward to a fair opportunity to defend himself.”

Neubauer suffered serious injuries after being shot in November 2019 at a Jamestown tavern on East Second Street. A grand jury later determined there was not enough evidence to support a criminal charge in the shooting.