Latest news with #criminalhomicide
Yahoo
10 hours ago
- Yahoo
Attorney advocates two strategies to get murder plot case dismissed
Jun. 26—WILKES-BARRE — Past the one year deadline to bring to trial and not enough evidence to maintain a murder attempt conspiracy charge against Gregory Thomas Warren, his attorney argued Thursday. Attorney Sidney D. May presented to strategies during a motion's hearing before Luzerne County Judge Michael T. Vough in a strong effort to get charges of criminal conspiracy to commit criminal homicide and criminal use of communication facility dismissed against Warren. Warren, 42, of Bronx, N.Y., Gregory Duclaire, 41, of Plymouth, and Dashawn William Nelson, 30, of Kingston, were charged by Luzerne County detectives and the state Office of Attorney General with plotting to kill Elijah Jones, 27, of South Grant Street, Wilkes-Barre, according to court records. Investigators suspect Jones was targeted in retaliation of shooting a ta business Warren owned on South Main Street, Wilkes-Barre, several years ago. The murder plot was thwarted when Duclaire was apprehended on state parole violations by the Fugitive Apprehension Search Team with the Pennsylvania Department of Corrections, Plymouth police, Wilkes-Barre police and U.S. Marshals in January 2024. May argued a criminal complaint charging Warren was filed Jan. 18, 2024, and nearly three months later, Warren was apprehended in New York City on April 8, 2024. By his calculations, May argued Warren should have been brought to trial within 365 days of when the criminal complaint was filed in January 2024. Assistant District Attorney Julian Truskowski who, along with Assistant District Attorney Jill Matthews are prosecuting, calculated the math and time noting delays to being Warren to trial were out-of-their control, specifically an issue in transporting Duclaire from the State Correctional Institution at Dallas for a court proceeding, and the preliminary hearing being postponed at least twice. May's other attempt to get charges dismissed against Warren is what he believes is a lack of evidence to support the offenses. Duclaire testified during the motion's hearing on behalf of Truskowski and Matthews, telling Vough that Warren orchestrated the murder plot and obtained a firearm. Vough said he will issue a ruling at a later date. A combined trial for Warren, Duclaire and Nelson is scheduled for September.
Yahoo
3 days ago
- Yahoo
Prosecutors prohibited from referencing 'victim' during Plains Twp. homicide trial
Jun. 23—WILKES-BARRE — Luzerne County Judge Joseph F. Sklarosky Jr. denied a request to dismiss criminal homicide charges against Louis Weihbrecht while directing prosecutors to use certain terminology during the upcoming trial. Weihbrecht, 56, was charged by detectives with Plains Township police and the Luzerne County district attorney's office with fatally striking Mark R. Svadeba, 47, in front of an auto-repair garage on North Main Street on Sept. 13, 2024, according to court records. District Attorney Sam Sanguedolce previously said investigators believed Weihbrecht intentionally ran over Svadeba with his 2007 Chevrolet Silverado truck. Weihbrecht showed up outside the garage where Svadeba was standing next to his Harley-Davidson motorcycle. The two men exchanged words when Weihbrecht, court records allege, accelerated his truck, running over Svadeba, who was dragged for nearly 30 feet. Weihbrecht was charged with an open count of criminal homicide, which his attorney, John B. Pike, requested the case be dismissed. During a recent motion hearing, Pike described the fatal crash as an accident, as Weihbrecht intended to run over Svadeba's motorcycle, suggesting Svadeba walked and stood in front of Weihbrecht's truck. Sklarosky denied Pike's request to dismiss the criminal homicide charge against Weihbrecht in an order filed Friday. In another issue, according to Sklarosky's rulings, Pike was successful in his argument to prohibit prosecutors, notably Assistant District Attorney James L. McMonagle, from referring to Svadeba as a "victim" during Weihbrecht's trial scheduled for September.
