Man charged with murdering his mom and stuffing body in box released from custody due to evidence glitch

A schizophrenia patient suspected of murdering his mom and stuffing her corpse in a box was released from custody because of an evidence glitch and could land back on the streets of New York, it has been revealed.

David Drummond, 30, was moved from city Department of Correction custody earlier this month and ordered by a judge to undergo a mental health evaluation at Bellevue Hospital, where he currently is being held, according to an employee who spoke on condition of anonymity out of fear of repercussions.

But Drummond, who is charged with murder, could be released into the streets if he’s cleared after the assessment, the nervous employee said.

“The [assistant district attorney] said they didn’t have enough to indict him. He’s literally going to be in the community when we let him go,” said the worker, noting that Drummond has “a long psych history.

“We have no good option. He can’t stay in the hospital indefinitely, but it’s not safe to release him into the community,’’ the source added.

Drummond, who sources said suffers from schizophrenia, was charged with the murder of his mother Shirley Awer, 67, after a social worker showed up on November 4 to the East Flatbush apartment shared by the victim and her son and found her corpse stuffed in a box.

The suspect allegedly told investigators that he had hit his mom, a police source said.

But an autopsy to determine whether she was hit and if that or something else caused her death has yet to be completed because of the badly decomposed state of the remains, according to prosecutors and sources.

“The cause of death is unclear. Without an autopsy, they can’t confirm his statement that he hit her,” a source with knowledge of the case said, adding, “There’s a possibility she died of natural causes.

“It’s not typical for an autopsy to take this long, but the body was decomposed, so it’s taking longer,” the source said.

Without the autopsy report, prosecutors have been unable to proceed with the case and present it to a grand jury to vote on an indictment, according to the Brooklyn District Attorney’s Office.

While the case became stuck in limbo, a judge on Nov. 9 ordered that Drummond be moved out of the forensic unit at Bellevue run by DOC where he was being held, a representative for the DA’s Office said.

Drummond was now being housed in a civilian unit at Bellevue for his court-ordered mental health evaluation, but the hospital worker noted that by law, he can’t be held there indefinitely if he’s not deemed a threat.

“We cannot keep potentially dangerous people indefinitely,” the employee said. “Mental hygiene law is strict, and there is a high standard for involuntary commitment. The person has to present an immediate danger to keep them in the hospital – not just a potential threat.

“So if someone is a danger to society, and they’re credibly accused of crime, then they should remain in [city Department of Correction] custody,’’ the worker said.

“The justice system and the court system, they’re dropping the ball,” the worker charged. “They are trying to brush this under the rug big time.

“It’s happened before where they have released someone who’s violent and put them on a civilian unit, compromising patients and staff, and passing the buck to hospital staff to keep them out of the community,” the employee added.

Drummond’s next court appearance is scheduled for February 22.