Judge Adrian N. Armstrong

Ackridge, charged with criminal possession of a controlled substance, moved for dismissal of the accusatory instrument on speedy trial grounds. He was arraigned on a felony complaint and remanded as the court did not have jurisdiction to set bail. After release, he was taken into custody on a parole violation, resulting from this arrest. Prosecutors were aware of Ackridge's whereabouts and submitted a bring back order to the county jail, but he was not produced. Ackridge rejected a proposed Superior Court information plea April 2015, and was not produced in court by prosecutors until July 2015. He was taken into custody Oct, 7, 2015, and not produced in court on Oct. 9, arguing the delay to produce him from Oct. 9 through Dec. 5 should be chargeable to prosecutors as they failed to show they exercised due diligence to locate him during that period. The court agreed noting Ackridge was not at an unknown location and prosecutors failed to address what actions were taken after a bench warrant was issued. It charged prosecutors with 57-day delay between issuance of the bench warrant and efforts to execute it were initiated. As 216 days of includable time was chargeable to prosecutors, exceeding the statutorily prescribed 184 days, Ackridge's motion to dismiss was granted.

Judge Adrian N. Armstrong