Judge denies statute‑of‑limitations dismissal in homicide indictment; bond set at $15,000 in watercraft death case

A defense motion to dismiss a criminally negligent homicide count as barred by the statute of limitations was denied after the court reviewed the grand jury paperwork and concluded the omission on one form was a clerical/topographical error, not a failure to indict.

Defense counsel argued a superseding indictment filed July 7, 2025 charged criminally negligent homicide alleged to have occurred July 1, 2023 and was therefore six days outside the statutory period because the apparent prior May indictment did not list the relevant count as a true bill on the back‑of‑indictment notations. The defense said the record provided no prior true bill on that count and asked for dismissal.

The assistant district attorney acknowledged a drafting mistake on the notations but told the court the grand jury had in fact returned a true bill that included the charge; the July superseding indictment corrected numbering. After examining the May indictment and its handwritten notations, Judge Ver found the face of the May presentment showed the defendant was indicted on the criminally negligent homicide count and denied the defense motion to dismiss.

The defense also moved to dismiss a separate count (count 10) charging reckless aggravated assault for failure to state an offense, arguing the indictment accused the defendant only of being a passenger while the child operator allegedly committed reckless conduct. The state pointed to Tennessee statutes that limit an under‑12 operator and make an adult supervisor responsible if not in a position to take immediate control; the court found the indictment sufficient on its face and declined to dismiss, treating factual sufficiency as a jury question and allowing the defense to renew the motion after trial if warranted.

Relatedly, at a bond hearing for the defendant in the watercraft collision case, defense counsel offered the TWRA investigative report and a diversion eligibility certificate and asked the court to reduce a $50,000 bond. The court acknowledged the tragic nature of the incident (a fatality to Roy Heron) and weighed bond factors, including the defendant’s lack of criminal history, residence status (the defendant is from Micronesia and lawfully present on the mainland), and the seriousness of the charges. Judge Ver set bond at $15,000 and ordered the defendant to surrender his passport to the clerk, to remain in contact with counsel, and to obtain court permission before leaving the U.S. mainland; the court also set an August status date to monitor readiness for trial.