Although Nicholas Wayne Moore is slated for trial in September, he is seeking dismissal of the aggravated assault charges relative to the Agana Heights drive-by shooting in October 2020. 

It was on Thursday, before Superior Court Judge Vernon Perez, that Moore's attorney Mike Phillips noted that because exculpatory evidence was not presented to the grand jury before a true bill was produced, dismissal should be considered. 

Phillips detailed statements made by Eric Salone, Moore's co-defendant,  that the shooting was done in self-defense.

After Judge Perez heard arguments from both Phillips and Assistant Attorney General Sean Brown, he said he would take the matter under advisement and requested that parties return to court on July 9, at which time, he would render a decision.