ADM F. 500 (Rev. 03/22) Order and Judgment
SUPERIOR COURT OF THE STATE OF RIDGEWAY
STATE OF RIDGEWAY,
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DOCKET NO. RSC-CM-433
Plaintiff
v.
MKCHICKWIT_VICTIM
Defendant
ON THE MOTION TO DISMISS
DEFENSE’S ARGUMENT
“okie. so I assume we all agree that the contents of the information needs to 1. allege all essential facts
to constitute the specific offence charged; and 2. contain enough particularity so that the accused is able to read
the information, know the accusations against him, and make full answer and defence. the information filed in
this case is shockingly out of order; somehow the government has managed to flout the rules of procedure and
due process simultaneously.
we move to dismiss counts 1-2 both bearing the same description because it 1. is such a general description of
the accused's apparent acts that if one were to literally replace the accused's name, it could refer to a completely
different incident; 2. the description supplied is not nearly detailed for anyone to be able to make full answer
and defence.
we move to dismiss count 3 because the description of what is alleged, even if true, does not constitute the
offence charged. it is not merely sufficient to allege that someone exhibited a firearm in a threatening way
causing apprehension of harm if there is no allegation that that conduct actually...caused someone to apprehend
harm
we move to dismiss count 4 because the description of what is alleged, even if true, does not constitute the
offence charged. even if the accused murdered someone with intent, that still does not constitute unlawful
discharge because it does not allege a firearm was... well discharged
we move to dismiss count 5 because the description of what is alleged, even if true, does not constitute the
offence charged. do I really need to explain this--I don't understand how murder is aiding if it isn't alleged that
the accused aided anyone..... “
STATE’S RESPONSE
I think the Defense forgets that not only does the information have the listed charges, but it has a
statement of probable cause which gives the Defense plenty of information in regards to the charges brought
today against the Defendant. Furthermore if we look at Rid. R. Crim. P. Rule 4 (a) it states "a criminal
information shall contain a plain, concise description of the act which constitutes the crime or an appropriate
legal term descriptive thereof". Now the question I will answer for you is whether or not the Criminal
Information contains a plain, concise description of the act which constitutes the crime. The simple answer to
this is yes.
For the State to prove that the Defendant committed Second Degree Murder twice, it requires that the
state prove that the Defendant MURDERED the victim twice WITH INTENT. There is a plain & concise
description of the act AND an appropriate legal term descriptive of the act committed, as such, it would be a
complete abuse of the justice system and judicial power to dismiss Count One & Count Two of the Information.
Which is also further backed up by the Statement of probable cause and the evidence as shown on the Criminal
Information.
For the State to prove that the Defendant committed Aggravated Assault Second Class, it requires that
the state prove that the defendant exhibited a firearm in a threatening manner likely to cause a reasonable threat
of harm. There is a plain & concise description of the act below Count Three which explains the crime alleged
and how it applies to the Defendant's actions AND it also has an appropriate legal term descriptive of the act
committed - which is further backed up by the Statement of probable cause and the evidence provided. To
dismiss this charge would be an outrageous abuse.
For the State to prove that the Defendant committed Unlawful Discharge, it would require the State to
prove that the Defendant had no legal justification to fire off his weapon. The plain & concise statement..
on the Criminal Information gives enough information that there was no legal justification for the Unlawful
Discharge, how? It states that the Defendant committed the murder of the Defendant on multiple occasions.
Furthermore in the statement of probable cause, it states that a firearm had been used, it states “both defendants
leap out of the vehicle and kill the bus operator with their salvos”. Does this provide enough information as the
Defense argues? Yes it provides plenty of information.
Finally, for the State to prove that the Defendant committed Aiding and Abetting, it has to prove that the
Defendant aided in the murder of the Bus Operator in multiple instances. The Criminal Information provides
enough information on this aiding charge. The Defendant murdered the Bus Operator on multiple occasions
with his partner in crime, which is backed up in the criminal information.
At the end of the day Your Honor, the Defense’s job is to explode the State’s case in whatever way they
can, but to take up the court’s time with a frivolous motion is outrageous. The Defense knows that there is
enough information in the Criminal Information, Rid. R. Crim. P. Rule 4 doesn’t state that the counts require
lots of information. All the counts have a plain & concise description of the act, which is also backed up by a
statement of probable cause that includes all information on the crimes that occurred. It is not the problem of the
State if the Defense does not want to read the full information to get information on the crimes alleged.
Additionally, if the Criminal Information has enough information for the court to accept the information and
find probable cause in the State’s prosecution, why is it not acceptable for the Defense? The State now asks that
you dismiss this motion.
JUDGMENT
Generally, there are two tests which must be passed in order for a charge to be sufficiently developed in
a criminal information or indictment;
1. The charge does not entirely rely on statutory text of the alleged crime and fully describes the
acts that the defendant is alleged to have done which constituted their alleged crime,
2. The description of these acts are not entirely conclusory and;
3. If these factual allegations were sustained, they would constitute the alleged crime
The defense argues that this first test is not met in regards to counts one, two, three, and four (although it
seems worded differently for these last two charges, it appears this is the substance of the defense's argument).
This court is inclined to agree. However, this court does not believe that the insufficiency of the government's
information cannot be resolved through a request for a bill of particulars, therefore this court will not dismiss
the four charges unless the state's bill of particulars, if presented, is inadequate.
The defense argues that the third test is not met in regards to count five. This court is inclined to agree
and will dismiss the charge. The lack of description of certain aspects of certain elements of alleged crimes need
not constitute a dismissal so long as the government can adequately develop the missing aspects through a bill
of particulars. In the specific instance of count five, this court is not inclined to believe that a bill of particulars
describing at most the 'time, place, manner, or means' could justly develop these aspects. There are crucial
elements of the alleged crime not described in the charge and therefore this court must dismiss it.
CONCLUSION
For the aforementioned stated reasons, this court PARTIALLY GRANTS the defendant’s motion to
dismiss the matter of THE STATE OF RIDGEWAY v. MKCHICKWIT_VICTIM.
IT IS SO ORDERED, ADJUDGED AND DECREED.
At Palmer, Ridgeway, this 25th day of June, 2022.
/s/ Hecxtro
SUPERIOR COURT JUDGE
