Motion to Dismiss
The Defense, after having fully reviewed the investigation provided by the State, hereby moves to dismiss the charge of Terrorism.
Terrorism | Felony (HUT) | CC190:
"Acts of deadly violence or intimidation intended to coerce civilians, influence government, or advance an ideology. Requires evidence of both harmful acts and political/ideological motivation. This is a Hold Until Trial Charge."
The State provided ample proof and evidence of harm caused by the defendant; the act of using explosives against individuals is a cruel crime, understandably rising to the level of Probable Cause for the charge of Attempted Murder. Yet, it's not the heart of the arrest presented by the State above, and instead, it's Terrorism.
While the act of violence is not in dispute, there is no evidence — direct or circumstantial — indicating my client acted upon political or ideological motivation. The State does not even attempt to provide evidence of such, instead focusing on simply proving the severity of violence when it comes to committed acts.
The Defense believes that the legal threshold for a terrorism charge has not been remotely met, and continuing to hold Mr Escobar under a 'Hold Until Trial' status is a violation of our client's rights. Claiming that wearing American-inspired clothing on the 4th of July, or committing crimes on a holiday, rises to the standard of Terrorism is beyond unreasonable.
The Defense once again points to the absolute absence of any reasoning proving any political, ideological motivation, or any motivation as it is overall. There is no testimony or evidence claiming such. We have no manifestos, no words heard by any of the officers that a reasonable person would understand as anything more than simple threats.
The label of 'terrorism' carries clearly defined legal weight, and it cannot be applied loosely just because the act was egregious. The State has failed to demonstrate, or even allege, the essential element that separates Terrorism from any other violent crime: a political or ideological motive. The 72-hour timeframe to finish the investigation into this alleged crime has lapsed, and nothing further can be presented by the State.
Therefore, the Defense respectfully moves this Court to dismiss the charge of Terrorism in full and with prejudice.
Respectfully submitted,
Annabelle Celestine, representing Leo Escobar
