PITTSFIELD — A judge has denied a motion to dismiss a murder charge against one of the three people accused in the October 2017 shooting death of Asiyanna Jones.
Judge John Agostini ruled that there was enough evidence against Elizabeth "Nunu" Perez presented to a grand jury to continue her case toward trial.
On Nov. 12, Perez's attorney, John Amabalie, filed a motion in Berkshire Superior Court to dismiss her murder charge, arguing that the grand jury wasn't presented sufficient evidence of Perez's involvement to warrant the indictment.
Oral arguments on the motion were heard on Nov. 26. Agostini issued his decision Dec. 3.
Perez, 27, and co-defendant Gary Linen, 39, are accused of being involved in a gunfight on Dewey Avenue with a third defendant, Carey Pilot, 47. The pair allegedly then fired into another car, striking Jones, who died a short time later.
Perez and Linen allegedly had been in a physical fight with Pilot on Cherry Street a few hours before the shooting.
Prosecutors believe that Pilot, along with some family members, went to Perez's apartment on Dewey Avenue "seeking revenge" for the earlier incident.
While Pilot was parked, Perez allegedly circled the neighborhood and passed Pilot's car several times and likely picked up Linen before parking in her driveway, according Agostini's ruling.
Linen is accused of exchanging gunfire with Pilot before she drove off.
Prosecutors believe after Pilot drove away, Linen and Perez fired toward Jones' vehicle, which was parked behind Pilot's, while she was trying to leave.
Agostini acknowledged the state doesn't consider Perez one of the shooters, but instead, believes she aided and abetted Linen in the shooting.
"Once the shooting began, Perez was certainly aware that Linen possessed a firearm and was intent on using it during this confrontation," Agostini said in his ruling. "Most importantly, Perez and Linen were both observed approaching Ms. Jones' vehicle just prior to Linen firing gunshots into the vehicle."
Agostini said while the grand jury evidence regarding Perez's involvement was "neither compelling nor consistent," viewing it in a light most favorable to the state, it is sufficient at this stage to allow the case to proceed toward trial.
That trial is expected sometime in spring.
All three defendants have pleaded not guilty to first-degree murder. If convicted, each faces life in prison without the possibility of parole.
Bob Dunn can be reached at email@example.com, at @BobDunn413 on Twitter and 413-496-6249.