Despite defense objections, DC Superior Court Judge Robert Salerno granted the prosecution a full nine-month window to indict a domestic shooting defendant on July 20.
Malek Beidleman, 33, is charged with assault with a dangerous weapon for his alleged involvement in a domestic violence shooting incident that occurred on Jan. 14, at the 5000 block of Jay Street NE. The defendant’s brother sustained a gunshot wound to his left foot.
At the hearing, Beidleman rejected the prosecution’s plea offer, but parties did not specify the terms. Defense attorney Craig Ricard argued the case was “ripe for dismissal” under Federal Rule of Criminal Procedure 48, which allows the court to dismiss a case based on an unnecessary delay in a defendant’s indictment or trial.
Ricard opposed an extended indictment deadline. He argued police had all the information they needed from the start of the case, and that the prosecution would struggle to secure cooperation since all the eyewitnesses are Beidleman’s family members.
The prosecution countered that a nine-month indictment window is routine practice and that no unreasonable delay had occurred.
Judge Salerno acknowledged that some judges impose shorter deadlines but declined to do so in this case.
At Ricard’s request, Judge Salerno also modified Beidleman’s release conditions, changing his reporting requirements from in person to “as directed by pretrial services.” Beidleman’s in-person reporting will continue until the Pretrial Services Agency (PSA) authorizes telephone reporting.
Parties are slated to reconvene on Oct. 15
