In Turning Down Speedy Trial Dismissal, Judge Says Prosecutors Weren't 'Foot-Dragging'

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DC Superior Court Judge Marisa Demeo denied a homicide defendant’s motion to dismiss the case based on an alleged violation of his right to speedy trial rights in a hearing on Aug. 30.

Aaron Murchison, 28, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of 32-year-old Jamontate Brown on Oct. 16, 2022, at the 2500 block of Pomeroy Road, SE.

During the hearing, Kevann Gardner, Murchison’s attorney, raised several delay related concerns including multiple missed multiple filing deadlines, and saying the defendant had experienced prejudice by being separated from his family for almost two years as he awaited disposition of the case.

Gardner also accused the prosecution of failing to inform the defense of evidence, including 20 hours of surveillance footage and a ballistics report, until weeks before trial.

He requested the case be dismissed, or that Murchison he be released as he awaits further proceedings.

However, the prosecution said the delays were not a deliberate attempt to gain a tactical advantage and that multiple factors, such as witness availability during certain days of trial and the length of firearms testing, played a role.

Judge Demeo ruled that both parties contributed to the delay of 25 months from the time Murchinson was arrested to the January 2025 trial date. She said that both parties missed deadlines for filing motions, but there was no “purposeful foot-dragging” by the prosecution.

Judge Demeo said the defense had not requested the earliest possible trial date, instead requesting September 2024. She also said that the complexity of the case excused the lengthy delay since it necessitated more investigation.

Parties are slated to reconvene Jan. 21.

In Turning Down Speedy Trial Dismissal, Judge Says Prosecutors Weren’t ‘Foot-Dragging’