United States v. Young

• Decision Date: 19 January 1968
• Docket Number: No. 4316.,4316.
• Citation: 237 A.2d 542
• Parties: UNITED STATES, Appellant, v. WIllie J. YOUNG, Appellee.,
• Court: D.C. Court of Appeals

237 A.2d 542

UNITED STATES, Appellant, v. WIllie J. YOUNG, Appellee.,

No. 4316.

District of Columbia Court of Appeals.

Submitted November 20, 1967.

Decided January 19, 1968.

David G. Bress, U.S. Atty., Frank Q. Nebeker and Scott R. Schoenfeld, Asst. U.S. Attys., were on the brief, for appellant.

Frederick H. Evans and James T. Wright, Washington, D.C., were on the brief for appellee.

Before HOOD, Chief Judge, and MYERS and KELLY, Associate Judges.

MYERS, Associate Judge:

Appellee was charged by information with negligent homicide,¹ pleaded not guilty and demanded a jury trial. Because the Government was not prepared to prosecute on the trial date or on either of two successive dates to which the case had been continued, the trial judge dismissed the information, noting on the record only: "Dismissed for want of prosecution." Approximately two months later, a second information was filed charging the same offense. When this new charge came on for trial, appellee moved to dismiss on the ground that he had been denied a speedy trial. From the granting of that motion, the present appeal was taken.

The record discloses that there were two bases for the final dismissal. The trial court concluded, first, that the earlier dismissal had been on speedy trial grounds and was intended to be a dismissal with prejudice; and, second, after an independent examination of the delays in bringing the case to trial, especially those that had occurred since the first dismissal, and after considering the prejudice to appellee resulting from those delays, that appellee could no longer stand trial without being denied his constitutional right to a speedy trial.

With respect to the first basis, absent any notation on the record or an oral statement by the first judge that he was dismissing the case with prejudice, the trial court's conclusion was not warranted. Mann v. United States, 113 U.S.App.D.C. 27, 304 F.2d 394, cert. denied, 371 U.S. 896, 83 S.Ct. 194, 9 L.Ed.2d 127 (1962); United States v. Cephas, D.C.App., 204 A.2d 572 (1964). There were, however, reasonable grounds for the trial court's independent conclusion that forcing appellee to stand trial would deny him his right to a speedy trial.

Appellee was in an automobile accident on April 14, 1966, which resulted in the negligent homicide charge against him. On May 10, 1966, he pleaded not guilty and demanded a jury trial. The case was set for hearing on June 13, 1966, at which time appellee appeared ready for trial, but the Government requested and was granted a continuance to July 20, 1966, because one of its witnesses was absent from the jurisdiction. In July the same witness was still absent and the Government was granted another continuance. On the new trial date, August 24, 1966, the witness had returned, but another witness was absent and the Government was still not prepared to proceed. The trial court then dismissed the case for want of prosecution. On October 18, 1966, appellee was again charged with the same offense. When the case came on for trial on November 29, 1966, the court granted appellee's motion to dismiss with prejudice.

By its own admission, the Government was lax in reinstating the charge — almost two months after the first dismissal. By the time the case came on for trial in November, seven and one-half months had elapsed from the date of the accident, and five and one-half months had passed since appellee had first presented himself ready to stand trial. No part of the five and one-half months' delay can be attributed to appellee; nor...