During a hearing on Feb. 21, DC Superior Court Judge Carmen McLean vacated the trial date in a stabbing case and released co-defendant Josue Yanez-Diaz after prosecutors confirmed his co-defendant Vidal Marlon remains missing.
Yanez-Diaz, 25, and Marlon, 38, are charged with assault with intent to commit robbery while armed, assault with a dangerous weapon, assault with significant bodily injury while armed, and simple assault for their alleged involvement in a stabbing that occurred on June 9, 2024, at 801 Rhode Island Ave, NE.
Prosecutors updated Judge McLean on efforts to locate Marlon, whose whereabouts have yet to be determined either via lawyers or the Pretrial Services Agency (PSA) since June of 2024. As a result a bench warrant was issued for Marlon.
Despite both parties stating they would be ready on the set trial date, the prosecution wants to try both defendants together and requested an additional good-cause continuance. Judge McLean gave the parties 60 days to try to locate Marlon.
Joseph Molina, Yanez-Diaz’s attorney, requested his case be dismissed, stating his client’s constitutional right to a speedy trial has been violated looking for Marlon. Instead, Judge McLean ordered Yanez-Diaz placed on limited release.
Judge McLean granted the prosecution’s request to install a GPS ankle monitoring device on the defendant, despite the defense counsel’s concerns about charging the tracking device given that Yanez-Diaz is homeless and will be staying in a shelter.
Judge McLean made note of the special circumstances in case of future non-compliance alerts.
Yanez-Diaz was instructed to attend an orientation with PSA on Feb. 24.
Marlon remains the subject of an active bench warrant.
Parties are slated to reconvene on April 23.
