SNOW HILL, MD - WBOC has obtained the brief filed by the Attorney General of Maryland last week asking the Appellate Court to hear oral arguments regarding the dismissal of the case against Tyler Mailloux in the death of Gavin Knupp.
A Circuit Court Judge previously granted a motion to dismiss the charges against Mailloux on August 18th, citing a lack of jurisdiction within the Circuit Court for Worcester County. The judge argued jurisdiction lay exclusively in the District Court, and the State would need to refile charges there.
In their brief, filed on October 19th, Attorney General Anthony Brown and Assistant Attorney General Zoe White argue the judge erred in his dismissal. They go on to request the Appellate Court reverse that judgment of the Worcester County Circuit Court while also requesting oral argument.
The brief outlines various judicial codes and their language throughout, and argues the State’s Attorney had full discretion to bring the 17 charges against Mailloux in the Circuit Court.
If the appeal fails, prosecutors have said they will refile in District Court.
The filing of the AG’s brief is the latest in the ongoing search for justice and closure following Knupp's death in July of 2022.
