Judge denies motion to dismiss charges for man accused of assault at Albuquerque McDonald's
ALBUQUERQUE, N.M. (KRQE) – It's a win for prosecutors in the case against a man accused of violently beating someone at a McDonald's seemingly unprovoked.
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Last year, surveillance video shows a man violently beating another customer, leaving him in a coma. Police said Heath Miller was the attacker after a tipster identified him. In a motion, the defense argued that the anonymous tip was not enough probable cause for arrest. Both sides argued their cases to a judge on Tuesday.
'Defense wants the court to gloss over the fact that we have surveillance footage…the state is not solely relying on this anonymous tipster,' said Genia Gonzales, prosecutor for the state.
'If the video was so on point, then we'd be in a different situation,n but the video is not clear, there's no faces in the video, there's no one to ID this person 100%,' said Samuel Jay, Miller's defense attorney.
In the end, the judge denied the defense's motion. She also denied the defense's motion asking for him to be released pending trial. He is charged with aggravated assault.
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