Hinds Co. assistant DA files motion to quash indictment against - MSNewsNow.com - Jackson, MS

Hinds Co. assistant DA files motion to quash indictment against him

Source: AG's Office Source: AG's Office
JACKSON, MS (Mississippi News Now) -

Hinds County's Assistant District Attorney Jamie McBride filed a motion to "quash" the indictment against him today.  

A motion to quash is a legal term meaning "to reject or put an end to." 

52-year-old Jamie K. McBride was arrested and accused of conspiring with DA Robert Shuler Smith and others to hinder prosecution of a criminal defendant.

RELATED: Hinds Co. Assistant DA indicted

The grand jury accused McBride of conspiring with Smith, former assistant DA Ivon Johnson, and unnamed co-conspirators to hinder prosecution of criminal defendant Christopher Butler in four different Hinds County Circuit Court cases.

McBride's attorney claims that counts one and two of the indictment failed to charge a necessary element of the crime of hindering prosecution. Consequently they are legally insufficient and as a matter of law must be "quashed."

According to the documents, the crime of hindering prosecution requires the state to prove that the person charged renders criminal assistance to the other person and nowhere in the indictment is it alleged that McBride ever rendered criminal assistance to Butler or any other person. 

McBride and his attorney claim that count two of the indictment must be dismissed because it would be legally impossible for McBride to hinder Butler's prosecution in Hinds County Cause Number 16-0-050, as Butler has not been charged with any crime in that Cause.

The motion continues to allege that McBride, acting in his official capacity as assistant district attorney, cannot commit the crime of hindering prosecution as a matter of law. 

"The Mississippi Attorney General has no legal interest in how District Attorney Smith prosecutes his cases," the document states. "To allow the Mississippi Attorney General to indict Hinds County District Attorney Smith, and his Assistant District Attorney McBride, solely because the Mississippi Attorney General would handle the prosecution of the aforementioned cases differently would be improper."

The motion states that "the Mississippi Attorney General is not Hinds County District Attorney Robert Shuler Smith's boss and he has no authority over him".

The motion also claims that the Mississippi Attorney General does not have the authority to convene a grand jury to investigate or prosecute the crime of hindering prosecution in Hinds County.

Read the full motion: 

RELATED: Hinds County DA indicted on felony charges

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