The owners, Mr & Mrs Gray's, criminal complaint was dismissed "without prejudice" meaning it can be refiled before the S/L runs out. Uncle ran out of time to bring an indictment. The reporter from Flint MI newspaper told me he talked to their atty and he thought the case would be refiled. Problem was the multi-national evidence gathering process.
So good news for the boys, it'll certainly mean a delay to the new playground's
possible demise, at least as to the way it is currently operating.
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
UNITED STATES OF AMERICA,Plaintiff,
v.
JAMES STANLEY GRAY and KAREN AMERLING-GRAY,NO. 4:12-mj-30422
HON. MICHAEL HLUCHANIUK United States Magistrate Judge
Defendants. ______________________________________/
MOTION WITH SUPPORTING BRIEF AND ORDER FOR LEAVE TO DISMISS COMPLAINT WITHOUT PREJUDICE
Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, the United
States of America hereby moves for leave to dismiss without prejudice the complaint
against defendants James Stanley Gray and Karen Amerling-Gray. In this case, the
government needs additional time:
(1) to develop and obtain evidence sufficient to establish defendants’ guilt beyond a reasonable doubt;
(2) to investigate the full extent of the offense(s) in question and identify all other individuals who should be held criminally responsible for the offense(s); or
(3) to decide whether criminal prosecution of defendants for the offense(s) in question is in the public interest.
See generally, United States v. Lovasco, 431 U.S. 783, 790-96 (1977); 18 U.S.C. §
3161(d)(1). The government’s ability to prosecute this case properly would be
substantially impaired were it required to proceed to indictment on or before April 13,
2013. Accordingly, the government requests leave to dismiss the complaint without
prejudice.
Respectfully submitted,
BARBARA L. McQUADE United States AttorneyDated: April 11, 2013
IT IS SO ORDERED.
Dated: April 15, 2013 s/ NANCY A. ABRAHAM Assistant United States Attorney 600 Church Street Flint, Michigan 48502-1280 Phone: (810) 766-5034 Fax: (810) 766-5427
nancy.abraham@usdoj.gov P-42060
s/Michael Hluchaniuk MICHAEL HLUCHANIUK United States Magistrate Judge