Judge Denies Shooting Defendant’s Motion for Dismissal

By Adriana Marroquin - May 1, 2024
Court | Daily Stories | Shooting | Suspects | Victims |

A shooting defendant’s motion for dismissal based on the prosecution’s failure to indict by the deadline was denied by DC Superior Court Judge Heidi Pasichow in a May 1 hearing.

James Guillory, 24, is charged with two counts of assault with a dangerous weapon and one count of possession of a firearm during a crime of violence for his alleged involvement in a shooting that occurred on June 15, 2023, on the 4600 block of Hillside Road, SE. Two people were injured in the incident.

On April 29, Varsha Govindaraju and Gail Engmann, Guillory’s defense attorneys, filed a motion to dismiss for a so-called abandonment of prosecution. 

According to the defense, the prosecution missed their indictment deadline, which they allege was March 14. 

However, the prosecution objected, stating that due to the defense’s waiving the 100-day trial deadline, the actual indictment deadline, based on statute 1322H, is at least 10 days before the trial, which is scheduled to begin June 20.

Govindaraju argued that the prosecution’s stance was incorrect because the defense had never agreed to “toll” or pause the indictment timeline, but had only waive the time to trial requirement. 

Judge Pasichow sided with the prosecution, stating that the statute says that if one is “tolled”, the other is too. Thus, she denied the motion for dismissal. 

“The case must go to trial, and it will not be dismissed on this basis,” Judge Pasichow said. When asked by the defense to release Guillory, she told them to file a written request which allows the prosecution two weeks to respond. 

The defense also requested she set a mandatory deadline for the prosecution to indict the case. 

Judge Pasichow agreed, and ordered the prosecution to present the indictment by May 23. 

Parties will reconvene June 14 for a trial readiness hearing.