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DEFENDANT’S MOTION TO DISMISS FOR PREJUDICIAL PRE-CHARGE DELAY
msgtmason
Filing username: msgtmason
SUPERIOR COURT
OF THE STATE OF RIDGEWAY,
COUNTY OF RIDGEWAY
STATE OF RIDGEWAY, Case No. RSC-CM-3737
Plaintiff,
vs. DEFENDANT’S MOTION TO
MSGTMASON, DISMISS FOR PREJUDICIAL
Defendant. PRE-CHARGE DELAY
Relief Requested
Defendant respectfully requests that the Court dismiss Counts One through Eight
of the Criminal Information pursuant to Rid. R. Crim. P. 13 on the ground of prejudicial
pre-charge delay. In the alternative, Defendant requests such other relief as the Court
deems just and appropriate.
Grounds
1. Prejudicial Pre-Charge Delay. The alleged conduct occurred on June 19,
2026. The Ridgeway County Sheriff’s Office Criminal Investigations
Division completed its investigation on July 6, 2026. Defendant was
granted an expungement concerning the arrests arising from the same
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DEFENDANT’S MOTION TO DISMISS FOR PREJUDICIAL PRE-CHARGE DELAY
incident on July 24, 2026, in Case No. RSC-EX-408926. The State did not
approve the present prosecution until September 25, 2026, approximately
eighty days after the investigation had been completed. During that period,
Defendant reasonably believed the matter had concluded, ceased
participating in Ridgeway, and no longer had reason to preserve
contemporaneous materials relating to the June 19 incident. By the time
prosecution was initiated, several months had passed, impairing
Defendant’s ability to reconstruct the circumstances of the incident and
prepare a defense. Defendant therefore moves to dismiss Counts One
through Eight pursuant to Rid. R. Crim. P. 13(c)(3)(6).
Affected Charges
1. Counts One through Eight of the Criminal Information, each charging
Unlawful Possession of a Firearm under R.C.C. § 2.29.
Personal-Knowledge Affidavit
I, MSGTMASON, being duly sworn, state that I am the Defendant in Case No.
RSC-CM-3737; I was arrested in connection with the June 19, 2026 incident that is the
subject of this case; on July 24, 2026, I was granted an expungement in Case No.
RSC-EX-408926 concerning the arrests arising from that incident; after the
expungement, I reasonably believed the matter had concluded and did not expect
additional criminal charges to be filed months later; I did not participate in Ridgeway for
several months after the incident; and by the time I became aware of the present
prosecution, my memory of the June 19 incident had faded, making it more difficult for
me to recall surrounding details and reconstruct the events for purposes of preparing a
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DEFENDANT’S MOTION TO DISMISS FOR PREJUDICIAL PRE-CHARGE DELAY
defense. I declare that the foregoing is true and correct based on my personal
knowledge.
Memorandum
MEMORANDUM IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS
Defendant moves to dismiss Counts One through Eight under Rid. R. Crim. P. 13(c)(3)(6)
because of prejudicial pre-charge delay. The incident occurred on June 19, 2026. CID
completed its investigation on July 6, 2026. Defendant was granted an expungement
relating to the same incident on July 24, 2026, in Case No. RSC-EX-408926. The State
did not approve prosecution until September 25, 2026, about eighty days after the
investigation had been completed. During that time, Defendant reasonably believed the
matter was over and stopped participating in Ridgeway. By the time charges were filed,
Defendant’s memory of the incident had faded, making it harder to reconstruct what
happened and prepare a defense. The delay was not caused by Defendant. Because
the investigation had already been completed in July, Defendant respectfully submits
that the later prosecution caused enough prejudice to warrant dismissal under Rule 13.
Defendant therefore asks the Court to dismiss Counts One through Eight.
