Update:
The Maryland Court of Appeals overturned the ruling on March 27, stating "the circuit court erred in granting Mr. Mailloux’s motion to dismiss for lack of jurisdiction." The full opinion can be read here.
Original Story:
An Eastern Shore family will have to wait a little longer in their quest for justice.
A Worcester County Circuit Court judge's ruling on July 18 presented a setback for the Knupp family.
They'd been waiting to learn the fate of Tyler Allen Mailloux, the hit and run driver accused of killing their 14-year-old son Gavin in Berlin.
It took prosecutors nearly a year to bring charges against Mailloux.
Investigators were in possession of the Mercedes sedan believed to be involved since last July, but they needed to gather enough evidence to determine who was behind the wheel at the time.
RELATED: Charges filed against alleged hit and run driver responsible for Gavin Knupp's death
Although prosecutors feel they can prove the allegations, the judge said charges were filed in the wrong venue.
Instead of circuit court, the judge said the case should've been filed in district court. As result the judge tossed all 17 charges against Mailloux.
The decision received instant criticism from members of a Facebook Group called Justice for Gavin.
"My stomach is sick! How in the hell did this happen!" wrote one user.
Yet prosecutors insist it's not the end of their effort.
Worcester County State's Attorney Kristin Heiser said her office has already appealed the decision.
"We will await the decision of the appellate court, and no action will be taken on the matter until their ruling is handed down," said Heiser. "Prosecution of this matter will proceed at that time in accordance with their decision."
The Knupp family issued a statement reacting to the latest development through their attorney, Neil Dubovsky.
“It is our understanding that the case was dismissed on procedural grounds and that decision is being appealed. We have no further comment."
Prior to the dismissal defense attorney Randolph Rice sought to have the trial moved outside of Worcester County, fearing Mailloux could have trouble finding an impartial jury.
"The Judge's decision stands until an appellate court rules on same. In the interim, the charges have been dismissed," said Rice. "The request for removal, commonly known as a change of venue, at this time only applies if the State continues to pursue charges."
