Judge William Robbins this morning threw out attempted-murder charges against reputed gang leader Brian Hicks, citing the refusal of federal officials to send him to Denver District Court.
Hicks had faced attempted-murder charges in connection with shots fired at Kalonniann Clark in 2005, prosecutors have said. He is also in federal custody on a drug indictment.
Defense attorney Harvey Steinberg has previously said having court hearings without his client is improper, and urged Robbins to dismiss the charges.
“He has due-process rights, and due process means he comes to court,” Steinberg said.
Robbins said Monday that federal prosecutors are “thumbing their nose” at the state court in refusing to release Hicks.
“Their case is just more important than our little old attempted murder case,” he said.
Lynn Kimbrough, spokeswoman for the Denver District Attorney’s office, said they plan to refile the case after the federal case is completed, but Steinberg said it will be “very difficult” to do that.
