Attorney advocates two strategies to get murder plot case dismissed
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.
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