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Transparency and Accountability

Monthly Report of Dismissed Court Hearings.

Dismissals by Officer

Brian Johnson, OFC. APD

  • Dismissed by Prosecutor – Nolle Prosequi: 10
  • Dismissed by Prosecutor – Prosecution unable to Proceed: 5
  • Bindover: 2
  • Dismissed - Case Proceeding in District Court: 1
  • Transferred: 1
  • Dismissed - By Motion: 1
  • Dismissed – Defendant Incompetent: 1
  • Dismissed – Wrong Defendant: 1

Total: 22

Andres Lucero, OFC. APD

  • Dismissed by Prosecutor – Nolle Prosequi: 5
  • Dismissed by Prosecutor – Prosecution unable to Proceed: 1
  • Bindover: 2
  • Transferred: 1
  • Discharged: 1

Total: 10

Linda Smith, OFC. APD

  • Dismissed by Prosecutor – Nolle Prosequi: 2
  • Dismissed by Prosecutor – Prosecution unable to Proceed: 1
  • Dismissed - Case Proceeding in District Court: 1
  • Transferred: 1
  • Dismissed – Insufficient Complaint: 1
  • Dismissed – State Not Ready for Trial: 1

Total: 7

Alex Castellano, OFC. APD

  • Dismissed by Prosecutor – Prosecution unable to Proceed: 2
  • Bindover: 1
  • Dismissed - Case Proceeding in District Court: 1
  • Pre-Adjudication Diversion: 1
  • Pre Adjudication Diversion Vacated: 1

Total: 6

Adam Golson, OFC

  • Bindover: 1
  • Transferred: 2
  • Pre-Adjudication Diversion: 1

Total: 4

Gregory Radigan, OFC. APD

  • Dismissed by Prosecutor – Nolle Prosequi: 1
  • Dismissed by Prosecutor – Prosecution unable to Proceed: 1
  • Dismissed – Failure to Appear by Prosecutor: 2

Total: 4

Luis Camunez Castillo, OFC. APD

  • Dismissed by Prosecutor – Nolle Prosequi: 2
  • Bindover: 1

Total: 3

Adan Arbogast, OFC. APD

  • Dismissed by Prosecutor – Nolle Prosequi: 1
  • Acquittal – Bench Trial: 1

Total: 2

Alberto Munoz, OFC. APD

  • Dismissed by Prosecutor – Prosecution unable to Proceed: 1
  • Disposition Vacated: 1

Total: 2

Andre Romero, OFC. APD

Dismissed – Failure to Appear by Prosecutor: 2

Total: 2

Beatrice Loving, OFC. APD

  • Dismissed by Prosecutor – Nolle Prosequi: 1
  • Dismissed by Prosecutor – Prosecution unable to Proceed: 1

Total: 2

Howard Perry, OFC. APD

Dismissed – Failure to Appear by Prosecutor: 2

Total: 2

Hunter Weaver, OFC. APD

  • Dismissed by Prosecutor – Nolle Prosequi: 1
  • Dismissed – Six Month Rule: 1

Total: 2

Kenneth Hounshell, OFC. APD

  • Dismissed – Failure to Appear by Prosecutor: 1
  • Dismissed – Case Proceeding in District Court: 1

Total: 2

Liam King, OFC. APD

  • Dismissed by Prosecutor – Nolle Prosequi: 1
  • Disposition Vacated : 1

Total: 2

Lisa Cheromiah, OFC. APD

  • Dismissed – Failure to Appear by Prosecutor: 1
  • Disposition Vacated : 1

Total: 2

Melanie Padilla, OFC. APD

  • Bindover: 1
  • Dismissed – Case Proceeding in District Court: 1

Total: 2

Robert Calabaza, OFC. APD

Dismissed – Failure to Appear by Prosecutor: 2

Total: 2

Categories

Acquittal – Bench Trial: This category would indicate that the prosecution was tried on the merits, the officer(s) testified, and the trial court found the defendant not guilty.

Bindover: This category applies when a felony-level case, initiated in Metro Court, was set for a preliminary hearing, probable cause (that a crime was committed) was found, and the case was transferred to district court for prosecution.

Discharged

Dismissed – By Motion: This category applies when the Defendant filed a motion to dismiss prior to trial, the Metro Court judge held a hearing on the motion, and it granted the  relief. Such motions usually concern whether reasonable suspicion existed to detain a suspect or whether there was probable cause to complete an arrest.

Dismissed – Case Proceeding in District Court: This category can apply when the prosecution has bypassed the Metro Court’s probable cause function and presented their felony-level case to the grand  jury.

Dismissed – Defendant Incompetent

Dismissed – Failure to Appear by Prosecutor

Dismissed – Insufficient Complaint: This category can apply if there existed a defect in the criminal complaint, such that it lacked an essential element to establish jurisdiction.

Dismissed – Six Month Rule: This category would apply when the Metro Court is unable to set a trial within the 182-day rule that applies to misdemeanors.

Dismissed – State Not Ready for Trial: This category can apply when an essential witness, either law enforcement or civilian, does not appear to provide testimony.

Dismissed – Wrong Defendant

Dismissed by Prosecutor – Prosecution unable to Proceed: This category can apply when the prosecution has concluded that it cannot present a complete case, due often to the absence of an essential witness or  incomplete discovery.

Dismissed by Prosecutor – Nolle Prosequi

Disposition Vacated

Pre Adjudication Diversion: This category applies when an officer and a defendant present an agreement to the court that the defendant will abide by certain conditions in exchange  for a non-adjudication. Such agreements often concern low level petty misdemeanor or traffic infractions.

Pre Adjudication Diversion Vacated

Transferred: This category can mean that a case was referred to a specialty court given the unique circumstances of the defendant, such as competency.