Charges against teen dismissed
4/29/2011Felony charges against a teen accused of participating in shooting at a pursuing Toledo police officer were dismissed Thursday in Lucas County Common Pleas Court at the request of prosecutors.
But prosecutors say though it appears Raul Moya had no knowledge of what was about to happen, charges may be filed again later.
"We simply could not go forward with this case at this time, but we may go forward and reindict at a later date," said Jeff Lingo, chief of the criminal division for the prosecutor's office.
"He was a backseat passenger in the car," Mr. Lingo added. "At this time, there is insufficient evidence to show his participation in shooting at Officer [George] Shaughnessy."
The teen was one of four males charged in a July 19 incident in which Officer Shaughnessy was shot at 11 times as he pursued them in his vehicle. The officer suffered a minor head wound, but went to work the next day.
On Oct. 12, Moya, who was 16 at the time, was certified in juvenile court to face charges as an adult.
In addition to the Moya youth, 17, of 1715 Parkdale Ave., also charged were Martin Cheno, 21, of 1715 Parkdale Ave.; Jorge Rojas, 20, of 847 Kingston Ave.; and Chadd Rabara, 18, of 2526 Beaufort Ave., who was 17 at the time of the incident and so also certified as an adult.
Each was charged with one count of felonious assault and attempted aggravated murder, each with several gun and gang specifications, and each faced up to 28 years in prison if convicted.
In January, Rabara pleaded guilty to felonious assault with a gun specification and was sentenced to 12 years in prison. He acknowledged driving the vehicle in which one of his co-defendants shot a 9mm handgun out the window at the pursuing officer.
Also during his plea, he admitted being with three others with the intention of shooting up and robbing an ATM. He admitted that he followed the instructions of a co-defendant who told him to drive in a wide arc so that he could "bust" or shoot at the officer.
Mr. Cheno and Mr. Rojas are to go to trial Monday before Judge Ruth Ann Franks.