Judge Denies Defense Request to Dismiss Murder Case

A judge denied a defense attorney’s oral motion to dismiss a murder case currently awaiting indictment.

Nijinsky Dix, 38, is charged with first-degree murder while armed in the shooting of 44-year-old Terry Hickman on Nov. 14, 2020, on the 1000 block of 4th Street, SW. Dix, 38, was arrested that same day.

During the Nov. 1 hearing, defense attorney Brandi Harden asked Judge Juliet McKenna to dismiss the case, citing how long it has gone without indictment. 

According to the DC Superior Court, “unless otherwise ordered by the Court, all deadlines and time limits in statutes, court rules, and standing and other orders issued by the Court that would otherwise expire are suspended, tolled, and extended during the period pending further order of the Court.”

The Amended General Order goes on to specify that these rules apply to indictment and trial deadlines. 

The prosecutor said he is going in order and has other cases needing to be worked on before he can indict Dix. He did, however, say the case will be indicted by February 2022.

After her request for the case’s dismissal was denied, Harden requested her client’s release into the High Intensity Supervision Program, home confinement or a half-way house. Judge McKenna also denied this request, expressing concern that she could be a flight risk.

Judge McKenna also ordered the prosecution to provide the defense with discovery evidence within 60 days.

Parties are scheduled to reconvene on Feb. 25.