MORAINE, Ohio — A Clark County murder suspect wants the charges against him dropped – for good.
This is in connection with what prosecutors said was a case of road rage this summer.
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News Center 7’s John Bedell spoke to the suspect’s lawyer Tuesday afternoon.
The filing we got our hands on could end the criminal case against one of two men charged.
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If the defense gets what it wants in this filing, the charges would be dismissed, and prosecutors could not refile.
The shooting happened in July, and the court case is happening in Clark County.
But we came to Moraine to talk to Damian Debose’s lawyer at his office.
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“He wants his day in court right away,” said Anthony Vannoy, Debose’s defense attorney. “He’s said from the very beginning that he’s not guilty of this offense. It was self-defense, and he wants to be able to tell his story: that it’s self-defense. But he wants to be able to do it in a timely manner.”
That is why Vannoy told us he filed a motion to dismiss.
In the filing, his argument is based on the state violating his client’s right to a speedy trial.
Since Debose has been in jail since the day of the shooting on July 15, a trial would have to be held within 90 days to meet that right.
Vannoy said while there’s some wiggle room in the law that allows for some additional time for reasonable cause, that 90-day deadline was two weeks ago on October 13.
Vannoy has told News Center 7 and the court that his client fired in self-defense.
“First and foremost, we believe that Damian is not guilty because of that affirmative defense that we argued,” Vannoy said. “But we also believe that he has a right to a speedy trial. And if the case is not brought to trial within a reasonable time and within the statutory time, we believed the case should be dismissed.”
Debose fired gunshots that led to murder charges against him and Semaj Mack.
Luke Hollifield died in the shooting in front of his wife near the Casey’s in Park Layne.
The sheriff’s office said it was a case of road rage that went on for miles.
Mack’s next court date is November 3.
In DeBose’s case, the next step is for the judge to make a decision on the motion to dismiss.
So far, prosecutors have not responded with their own filing.
We did not hear back from the Clark County Prosecutor’s Office when we reached out earlier today, but Prosecutor Dan Driscoll has previously told me that, in this case, he is not going to comment on a pending case.
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