Christian Circuit Judge John Atkins deferred ruling on a motion to dismiss an indictment of murder against 17-year-old Oziya Narcisse Thursday in court.
That’s to allow Assistant Commonwealth’s Attorney Mark Gilbert time to file written arguments against the defense’s position that the original indictment charging Narcisse with murder in the fatal shooting death of Isaiah McCoy at a party in Oak Grove earlier this year was defective.
The Commonwealth had already filed a superseding indictment, but public defender Doug Moore argues that doesn’t cover the bases for the rules that must be followed when prosecuting a juvenile offender, although Gilbert disagreed.
Judge Atkins felt it would be for the best if Gilbert did file those written motions, as a motion to dismiss the indictment is on the table, and they need to exercise all due diligence. Therefore, he deferred ruling on the motion to dismiss, setting a hearing for arguments to take place on December 19.
Moore also wanted to put forth a motion to reduce bond, but he continues to await an assessment on Narcisse as a flight risk, though he feels it will be low. The parties agreed to roll the bond motion to be heard alongside the motion to dismiss on December 19.
Narcisse was indicted by a Christian County Grand Jury on August 16, but due to the fact he is a juvenile, it did not become public until his arraignment in circuit court.