IN THE SUPERIOR COURT OF THE
STATE OF RIDGEWAY
STATE OF RIDGEWAY,
Plaintiff,
v,
COLDWITHER54,
Defendant.
MOTION TO AMEND INFORMATION
Hon. AlbertWellesley
Docket Number: RSC-CM-2895
1. The State of Ridgeway, by and through its counsel, respectfully moves this Court for
leave to amend the Information in this matter pursuant to Rid. R. Crim. P. 4(d). In support
thereof, the State states the following:
INTRODUCTION
2. The defendant is presently charged with, inter alia, two counts of Attempted Murder in
violation of R.C.C. § 3.03.
3. Subsequent to the filing of the Criminal Information, this Court in State of Ridgeway v.
Phizkod, RSC-CM-2704 held in an Opinion and Order Granting Motion to Dismiss that
the statutory language of attempted murder is unconstitutionally vague, and enjoined the
State of Ridgeway from enforcing the statute.1
4. The State has appealed that ruling, and the matter is presently pending review before
the Supreme Court of Ridgeway.
1 RSC-CM-2704 - Opinion and Order Granting Motion to Dismiss.pdf
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MOTION TO AMEND INFORMATION
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5. Additionally, in State of Ridgeway v. NPCWAR, RSC-CM-2779, which involves the same
allegations of attempted murder, the court issued an order staying the proceedings
pending disposition of the appeal.
ARGUMENT
6. In the interest of judicial economy, avoiding unnecessary delay, and ensuring the prompt
administration of justice, the State seeks leave to amend Counts One and Two of the
Criminal Information.
7. Specifically, the State seeks to replace the two counts of Attempted Murder with two
counts of Aggravated Battery Class II in violation of R.C.C. § 3.08(a).
8. The amendment does not substantially alter the factual allegations underlying the
prosecution, but instead conforms the charges to an alternative offense supported by the
same alleged conduct already set forth in the Affidavit of Probable Cause and Criminal
Information.
9. The State has met with the two victims in this matter and explained the reasons why it
seeks to amend the Criminal Information, the change in punishment the defendant faces,
and other relevant information to respect their rights as a victim. The State has received
permission from both victims to amend the Criminal Information.
10. The defendant will not be unfairly prejudiced by the proposed amendment, as the factual
basis for the charges remain unchanged and the amendment does not require the
defendant to answer to any new factual theory of liability, as they have not entered a plea
or been arraigned.
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MOTION TO AMEND INFORMATION
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PROPOSED AMENDED COUNTS
COUNT ONE: Aggravated Battery Class II - RCC § 3.08(a)
OFFENCE TYPE: FELONY
ALLEGED CONDUCT: On or about the 26th of April, 2026, near the police department in
Palmer City, the Defendant did knowingly and intentionally cause serious bodily injuries to a
civil service employee, to wit: the Defendant did feloniously shoot Trooper_Novich with a
Barrage 1014 shotgun thereby causing serious bodily injuries, with knowledge that
Trooper_Novwich was an RDOT employee.
COUNT TWO: Aggravated Battery Class II - RCC § 3.08(a)
OFFENCE TYPE: FELONY
ALLEGED CONDUCT: On or about the 26th of April, 2026, near the police department in
Palmer City, the Defendant did knowingly and intentionally cause serious bodily injuries to a
civil service employee, to wit: the Defendant did feloniously shoot aspenfun with a Barrage 1014
shotgun thereby causing serious bodily injuries, with knowledge that aspenfun was an RDOT
employee.
WHEREFORE, the State respectfully requests that this Court grant leave to amend the
Criminal Information by striking Counts One and Two as presently charged and replacing
them with the amended counts.
Date: May 17, 2026
Respectfully submitted,
Detachment_Result
[Detachment_Result] State Bar No.
11103
Counsel of Record
First State Attorney
Office of Criminal Prosecution
Department of Justice
Annex Building, Palmer City
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MOTION TO AMEND INFORMATION
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