Shooting Defendant Files Motion to Dismiss Case 

By Adriana Marroquin - January 11, 2024
Court | Daily Stories | Shooting | Suspects |

On Jan. 11, DC Superior Court Judge Marisa Demeo was alerted that a shooting defendant had filed a motion to dismiss due to a NAPUE violation. 

Tyshay Moore, 26, is charged with assault with intent to kill, possession of an unregistered firearm, and possession of a large capacity ammunition feeding device for her alleged involvement in a non-fatal shooting on May 10, on the 800 block of 7th Street, NW. 

On Jan. 10, Hannah Claudio, Moore’s defense attorney, filed a motion to dismiss due to so-called Napue and Jencks violations. According to Justia Law, a Napue violation is the knowing use of false testimony by prosecutors, including testimony affecting only the credibility of witnesses and does not directly touch on the innocence or guilt of a defendant, violates the due process clause of the Fourteenth Amendment guaranteeing fair treatment.

In the written motion filed with the court, Claudio claims that during a preliminary hearing, prosecutors allowed a detective to give false testimony. 

Judge Demeo told the parties she had been unable to review the motion, and argued that the prosecution should have time to respond to the motion in writing. 

Prosecutors must respond in writing by Jan. 25. 

Parties are slated to return to discuss the motion on Feb. 2.