Sirens & Gavels

Moore to remain in federal custody

The boyfriend of convicted killer Shellye L. Stark will remain in custody on federal weapons charges, a judge ruled today.

Brian L. Moore's public defender, Tina Hunt, had asked that Moore be released and allowed to return to Orange County, Calif., on his own.

But assistant U.S Attorney Matt Duggan used testimony from Spokane police Detective Kip Hollenbeck to try to show that Moore is a threat to public safety.

Magistrate Judge Cynthia Imbrogno agreed and granted a motion to hold Moore.

Moore was arrested in April on charges of first-degree murder and conspiracy to commit murder, but those charges were dismissed this month at the request of the Spokane County Prosecutor's Office.

Prosecutors say they'll refile, but the move is largely seen as a way to avoid a hearing in which a judge was to rule on the defense's motion to dismiss.

By making the dismissal request, the prosecutor's office made it so the charges were dismissed without prejudice instead of with prejudice, meaning they can be refiled and not evoke double jeopardy.

I'll post more details from the hearing later today. UPDATE: Ran out of time today; check back tomorrow.




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