Amid 2 year wait for trial, Macon murder suspect says speedy trial rights violated
A Macon murder suspect wants his charges dismissed, arguing he was not given a speedy trial despite asking for one, court records from Thursday show.
Katherine Dodd — attorney for Jasirian Thomas, who faces murder charges in connection with the shooting death of Ledarius Tremaine Clark in the Unionville neighborhood in 2021 — said in court documents Thursday that Thomas’ right to a speedy trial had been violated. Dodd asked for the case to be dismissed in court records.
She had asked for Thomas’ case to move in a timely manner in court documents in November 2023, but the request was denied when prosecutors with the Macon Judicial Circuit District Attorney’s Office said they needed further investigation to prosecute the case.
His case had been stalled until Sept. 2, when a judge brought it up for a status update.
“It has been approximately two years and seven months since Mr. Thomas was arrested,” Dodd said in the request for dismissal. “The State has never had to test the merits of this case in an adversarial proceeding despite the Defense’s attempt to do so before and after the issuance of an indictment.”
“During this time, Mr. Thomas has lived, both in and out of custody, with the weight of this allegation,” Dodd wrote in court records.
Thomas was not in jail as of Friday, court records say.
Suspect rejected conditional dismissal of case
Dodd said Thomas isn’t the only suspect waiting on his trial date, but his case is different because she “explicitly” demanded a trial for November 2023, according to court records. Thomas’ defense team had also made requests to get access to the evidence the district attorney’s office had against him.
Thomas’ team said in court records that “there was no admissible evidence connecting Mr. Thomas to the crime.”
According to the new motion filed Thursday, prosecutors had previously offered to “dismiss the case without prejudice in exchange for Mr. Thomas withdrawing” his request for a speedy trial. He rejected that offer.
In an email attached to the request from Thursday, Senior Assistant District Attorney Dawn Baskin told Dodd that, if she dropped the request it’d be “a win win for both sides.” Dodd was reviewing evidence and seeking more evidence at the time the offer was made.
The dismissal without prejudice would have allowed prosecutors to bring charges against Thomas again if new evidence came to light.
“If we did come upon additional evidence, then I would have to reindict and you could file for a timely demand,” Baskin said, according to the court document. “If I never come up with the evidence, then he does not have to worry about it. Let me know if this is acceptable.
“We could walk in on the 11th with a dismissal of your motion and my nolle pros and have them signed so that you can be assured of that result.”
Dodd asked the judge to consider how Thomas’ criminal charges would affect his life, including his employment and educational prospects, “especially when the allegation appearing on a background check and in the local news is a murder charge,” Dodd wrote.
“The tragic killing of Mr. Ledarius Clark occurred in January of 2021,” Dodd said. “Any previously undiscovered leads or information in this case have likely evaporated with the passage of time.”
Macon DA’s office responds
Susan Ryan, spokesperson for the district attorney’s office, said in a statement Friday that the request from Dodd and Thomas “represents routine legal maneuvering that stems from defense counsel’s own procedural oversight.”
Dodd hadn’t filed the request for speedy trial within the required timeframe, Ryan said. Then they attempted to get special permission to file late, but were denied, according to Ryan.
Further, Ryan said “the pace of criminal cases is determined by court scheduling, not by the District Attorney’s Office,” according to the statement.
Ryan said the offer to dismiss Thomas’ case acknowledges the “evidentiary deficiencies” in the case. She reiterated that Dodd’s request for permission to file a speedy trial was denied because the request was not made in time.
“As (administrators) of justice, we have the legal obligation to pursue justice, regardless of the time constraints,” Ryan said.
