Dismissal of Murder Indictment Affirmed, Prosecution’s Appeal Rejected
In February 2015, Mr. Jones pled guilty to first-degree assault and related counts, arising from an incident in which the complainant was shot. Five years later, in February 2020, the prosecution received the autopsy report for the complainant, which stated the cause of death was complications from the gunshot wound. More than three years later, in April 2023, Mr. Jones was arraigned on an indictment charging him with murder. After he moved to dismiss the indictment on speedy trial grounds, the trial judge granted the motion, and the prosecution appealed.
The Appellate Division affirmed the dismissal of the indictment. The Court found that the 31-month delay between the complainant’s death and the indictment “was excessive,” the preparation for the prosecution of this case “was not complex,” and there was no claim that the delay “was caused by the intricacies of prosecution.” In addition, the Court cited the lengthy eight year period of pretrial incarceration on related charges and the presumptive prejudice to Mr. Jones. Accordingly, the indictment was properly dismissed.
Anna Jouravleva represented Mr. Jones
