PITTSFIELD — New evidence has surfaced in the case against one of the three suspects accused in the fatal shooting of Asiyanna Jones, according to an attorney in the case.
And the special prosecutor in the case said the state intends to try two of those suspects — Gary Linen and Elizabeth "Nunu" Perez — together early next year.
During a pretrial hearing in Berkshire Superior Court on Monday, Marissa Elkins, the attorney for Linen, said she anticipates receiving the additional evidence from prosecutors in the next day or two. There was no discussion in court regarding what the new evidence entails.
Linen and Perez are facing a murder charge in the death of Jones, who was struck by gunfire while sitting in a parked car on Oct. 2, 2017. Jones, 22, is not believed to be the intended target of the shooting. She died hours later.
A third defendant, Carey Pilot, has also been charged in connection with Jones' death, but her case is on a different schedule than the other two defendants.
The discovery phase of the case is largely complete with the exception of some upcoming visits to locations involved in the case.
Special prosecutor Brett Vottero said while he is prepared to try the case against Linen and Perez as early as January, a spring trial is more likely given the recent addition of a new attorney for Perez. Dates are expected to be firmed up following further pretrial hearings in the coming months.
Attorney John Amabile, who now represents Perez, said after reviewing the grand jury minutes, he feels there was insufficient evidence to indict his client and will be filing a motion to dismiss. A hearing on that motion was scheduled for Nov. 26.
Prosecutors believe that Pilot set off a shootout on Dewey Avenue when she opened fire toward Perez and Linen, with whom she had been in a fight earlier in the day. Jones was apparently struck by a stray bullet during the crossfire.
Linen, Perez and Pilot have pleaded not guilty to charges of first-degree murder in the case.
If convicted of first-degree murder, each defendant faces life in prison without parole.
Bob Dunn can be reached at firstname.lastname@example.org, at @BobDunn413 on Twitter and 413-496-6249.