Can assault case be dismissed for taking too long? Macon defendant wants charges tossed
A woman charged with aggravated assault in Bibb County says her right to a speedy trial has been violated, and she wants her case dismissed.
Yasmon Saye, who faces an aggravated assault in Superior Court because she allegedly stabbed or cut a man in August 2022, claims Macon-area prosecutors violated her Sixth Amendment constitutional right to quickly move toward a jury trial. She was indicted in 2023. Her attorney has filed a request to have the case dismissed over the issue.
The request argues that prosecutors, nearly two years since the indictment, have failed to present evidence to support the charges, move to place the case in the judge’s trial calendar or “otherwise pursue prosecution in a timely manner.”
Saye argues prosecutors have provided no justification for the delay of her case and has caused her emotional stress and anxiety, which has rendered her unable to secure work opportunities and harmed her personal and professional reputation, according to court records.
“Given the state’s failure to present evidence, prosecute the case or move the matter forward, continued prosecution would violate (Saye’s) right to due process and subject her to further undue hardship,” her request says.
The Macon-area district attorney’s office says it’s not to blame for delays.
“The District Attorney’s Office is fully prepared to proceed with this case,” said Susan Ryan, the spokesperson for the Macon Judicial Circuit District Attorney’s Office. “Trial scheduling is solely within the Court’s authority and discretion. The assembling of calendars is handled completely by the Judges’ Calendar Clerk in conjunction with each Judge.
The State stands ready to proceed forward with this case whenever the Court calendars this matter for trial.”
Saye is being represented by Joseph Anfield-El. Before Anfield-El, Melvin Raines III represented her when she was first indicted in 2023.
Court records show Judge David Mincey presides over Saye’s case. His office has not responded to requests for comment prior to publication.
