DES MOINES — One of the 10 people accused of operating a cocaine ring in Ottumwa is asking the federal courts to reconsider whether he can leave custody pending his trial.

Derek O’Neal, 45, has filed papers for an appeal of the federal magistrate’s decision to keep him in custody. Like the other defendants, O’Neal faces a charge of conspiracy to distribute cocaine.

O’Neal was the only defendant to present a witness during his detention hearing two weeks ago. His mother, Veronica Ponds, asked the judge to allow her son to live with her in Chicago.

The fundamental issue in the appeal is whether the magistrate judge erred in deciding there were no conditions under which O’Neal would not present a danger to the community. Dean Stowers, O’Neal’s attorney, argues in his filing that the accusations against O’Neal that provided the basis for the judge’s decision are “multi-layered verbal hearsay,” and that his move to Chicago alleviates any threat to people in Ottumwa.

Stowers downplays O’Neal’s alleged involvement in the drug ring. He wrote that the accusations indicate his client was, at most, a “lower level street level dealer,” whose cocaine sales were in grams, not ounces.

The distinction is important in court. U.S. law considers larger amounts of cocaine to be a bigger offense. The ring overall is accused of trafficking in multi-pound amounts. That makes it a major operation for law enforcement.

O’Neal’s attorney says authorities make much of the accusation that he was spotted with a gun, but could not establish during the detention hearing when that took place, where he was seen, or even how the information made its way to law enforcement. Investigators say an informant told them of O’Neal’s possession of a firearm.

Also contentious is the accusation O’Neal assaulted Jerry Miller with a hammer, an accusation not made in the affidavit filed by investigators.

“The claim was that Mr. O’Neal bashed Mr. Miller’s head in with a hammer. ... Mr. Miller appeared to have no injuries, however,” Stowers wrote. He terms the account “obviously exaggerated.”

Stowers asks the court to release O’Neal, either to his mother’s custody or to a Chicago halfway house. It is not clear when the court might rule on O’Neal’s appeal.

All but two of the defendants are in custody awaiting trial. Authorities have said they believe there will be more arrests and charges as the investigation continues.

Matt Milner can be reached at (641) 683-5359 or via e-mail at mwmilner@mchsi.com