Drive-by shooting defendant Nicholas Moore is denied his request to have the charges filed against him tossed. 

Moore appeared before Superior Court Judge Vernon Perez where he learned his motion to dismiss the case was denied.

His retrial is set to begin on September 4.

As KUAM reported, the court granted a defense motion to declare a mistrial in April after arguing Moore’s Sixth Amendment rights to have a speedy and public trial was violated.

Moore stands accused in an October 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.