Drive-by shooting defendant denied request to dismiss charges

Drive-by shooting defendant Nicholas Moore is denied his request to have his case dismissed in the Superior Court of Guam.

Defense called for the dismissal after the court granted a second mistrial.

Judge Vernon Perez issued his decision stating Wednesday stating, the court does not find the government committed "flagrant prosecutorial misconduct" and denies the portions of defendant's motions that request dismissal.”

Judge Perez adding, “The court, however, orders the government to continue its efforts to ascertain whether or not co-actor Eric Salon is able to immediately return to Guam to testify at trial.”

Moore stands accused in an Oct. 5, 2020 shooting that sent one man to the hospital.

He still faces separate charges in connection to the death of Michael Castro, suspected to have occurred two weeks after the shooting.