The State Superior Court has set a due date for the docketing statement in Indiana County District Attorney Pat Dougherty’s appeal of the dismissal of charges against 20-year-old Brady DiStefano, a former IUP student who was involved in a fatal fight with a fraternity brother last February.
DiStefano was charged with criminal homicide and aggravated assault in the death of 20-year-old Caleb Zweig of Rockville, Maryland, but last month Judge William Martin dismissed the charges, prompting Dougherty’s appeal. The judge ruled that the D.A. had not presented sufficient evidence to justify continuing the case. Dougherty was prepared to pursue a conviction for third degree murder.
The Superior Court has set January 22nd for the filing of the docketing statement. That’s a document which the court uses to determine if Judge Martin’s ruling was proper. It includes verification of the jurisdiction, transcripts, and other procedural requirements and a brief description of the issues Dougherty wishes to be considered. After receiving the docketing statement, Superior Court will then decide whether to dismiss or schedule arguments.
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