Prosecutors can revive a capital murder charge against a man in the killing of Jackson Patrolman Robert J. Washington, a judge has ruled.
Last month, Hinds County Circuit Judge Swan Yerger agreed to a prosecution request to dismiss the charge against Sharrod Ray Moore in the 13-year-old slaying because of a lack of evidence and cooperating witnesses. But Yerger said then he would reserve a ruling on whether to dismiss the charge with or without prejudice. If the charge was dismissed with prejudice, it could never be pursued again in any court.
In an order filed Wednesday, Yerger refused a defense motion to dismiss the charge with prejudice.”The defendant contends that this case should be dismissed with prejudice due to the state’s prosecutorial misconduct,” Yerger said in the order. “The defendant has been critical of the state’s response (s), or lack thereof; to discovery throughout this case, and the defendant has also been critical of the timing of the state’s filing of its motion to dismiss just several days before the scheduled trial.”In denying the motion, Yerger said prosecutors’ action didn’t rise to the level of prosecutorial misconduct or gross negligence to warrant the charge dismissal with prejudice.
Moore, 31, initially was indicted in February 2008 based on an investigation by the Jackson Police Department’s Cold Case Unit. He was reindicted June 27 on capital murder and armed robbery charges. He was released from jail in May.
Chuck Mullins of Coxwell & Associates represented Sharrod Moore. Chuck handles felony and misdemeanor cases in Jackson, Hinds County, Mississippi, and all over the State.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.