CINCINNATI -- Dan Borden could post bond and walk out of jail.
In theory, anyway. He'd have to come up with $100,000 first.
"He could vamoose, I would suppose," retired judge Norbert Nadel said. "But they'll find him."
Nadel also thinks Borden is "delaying the inevitable" as he fights extradition back to Charlottesville, Virginia.
"The extradition process is very simple: There will be papers. The magistrate will look at it. If he determines the papers are valid, which I'm sure they will be, he will order him removed to Charlottesville," Nadel said.
Activists spread those images on Twitter and other social media, asking members of the public to identify the men involved. The photos eventually spread to hundreds of thousands of people, many of whom claimed Borden was among Harris' attackers.
For now, Borden is being held at the Hamilton County Justice Center in downtown Cincinnati, where he's been since Friday.
At a hearing Tuesday morning, Borden and his attorney both said he wouldn't waive his right to an extradition hearing, now set for Sept. 27. That could be sooner, depending on when officials in Charlottesville send the extradition documents to Cincinnati.
Magistrate Michael L. Bachman set his bond at $100,000.
The likelihood of Borden posting bond is slim, Nadel said. And if he doesn't return for his extradition hearing, "they'll find him one way or another."
"He's got local roots here, and if he leaves, it’s pretty hard for someone who has local roots here to just vanish," Nadel said.
Greg Berberich, attorney for Borden's family, had no comment about Tuesday's hearing. He said that was at the family's request.
Over the weekend, though, Berberich blamed "rioting caused by the City of Charlottesville's decision to allow (Black Lives Matter) and Antifah (sic) members to attack those protesting the removal of Robert E. Lee's statue from a local park."
Berberich said Borden "was struck in the head and tear gassed multiple times" as he left the park.
"Dan repeatedly requested protection from Charlottesville Police and was ignored," Berberich said. "We believe Dan will be exonerated."
Charlottesville police also are looking for 33-year-old Alex Michael Ramos, of Marietta, Georgia, wanted for malicious wounding in the same parking garage attack as Borden.
Another former resident of Greater Cincinnati also was arrested after the violence and chaos in Charlottesville: Police allege James Alex Fields Jr., 20, rammed his car into a crowd of counter-protesters, killing 32-year-old paralegal Heather Heyer and injuring 19 others.