3 charged in Asiyanna Jones' death could face July trial; single proceeding sought
During pretrial hearings in the case Wednesday, Assistant Berkshire District Attorney Robert Kinzer said the state intends to hold a single trial in the case against Gary Linen, Carey Pilot and Josaiah Bynum.
A hearing on a motion to do just that is scheduled for December.
Jones, 22, of Pittsfield, was seated in a parked car on Dewey Avenue about 10:45 p.m. Oct. 2, 2017, when she was struck in the head by a bullet during an alleged exchange of gunfire between the three defendants. She died hours later at Baystate Medical Center in Springfield.
All three have been charged with one count each of first-degree murder, as well as other charges.
Linen, Pilot and Bynum all had separate pretrial hearings in Berkshire Superior Court on Wednesday to check on the progress of the cases, address any outstanding discovery issues and set dates for future proceedings.
Linen's attorney, Marissa Elkins, told Judge John Agostini that she plans to oppose the motion for a single trial.
Agostini set a date of Dec. 12 for the hearing.
Meanwhile, all of the attorneys for the defendants reported that they are satisfied they have received all the discovery evidence available from the state up to this point but are reviewing it.
Kinzer said there were no outstanding requests for testing or lab results that might slow the proceedings or interfere with getting the cases before a judge in July.
Linen and Bynum attended their respective hearings; Pilot waived her right to appear in court.
The December hearing also will provide an opportunity for attorneys to discuss whether they intend to file motions to suppress evidence or dismiss charges, and set dates for those proceedings, if necessary.
Linen and Bynum also each face two counts of armed assault with intent to murder, and one count each of illegal possession of a firearm and discharging a firearm within 500 feet of a building. Pilot also has incurred two counts of armed assault with intent to murder.
A conviction of first-degree murder carries a penalty of 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.
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