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By
Elizabeth Brady
- December 3, 2024
Court
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Daily Stories
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Featured
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stabbing
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Suspects
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Victims
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A motion to dismiss a stabbing case for a missed deadline was denied by DC Superior Court Judge Erik Christian on Dec. 3, as he plans to continue to trial despite the lack of an official indictment.
James Petticolas, 40, is charged with assault with a dangerous weapon for allegedly stabbing a male victim in the back on May 10 on the 1400 block of North Capitol Street, NW.
According to court documents, Petticolas was in a store and got into an argument with the victim, who was an employee. Petticolas allegedly left and reentered with a knife, and began chasing the victim as he attempted to flee.
in the resulting melee, the victim suffered a nearly five inch laceration on the lower left side of his back, and about an inch deep, documents state.
Petticolas’ defense attorney, Marnitta King, argued for the dismissal of the case and immediate release due to the prosecution missing the 90 day deadline to indict.
The prosecution argued that they hadn’t missed the deadline and they were prepared to go to trial.
They also told the court they plan to file a motion post-hearing to continue holding the defendant in anticipation of an indictment on greater charges.
King argued that with less than two weeks left before the trial, it will be difficult to predict trial readiness without an indictment.
In denying a dismissal Judge Christian maintained the Dec. 10 trial date pending an indictment.
The parties are set to reconvene on Dec. 9.