PHILADELPHIA (March 2024) – Buchanan litigator Jason Bologna recently prevailed on a motion to dismiss all criminal charges in the Philadelphia Court of Common Pleas. The client, a juvenile, was represented pro bono by Bologna. He was assisted by Buchanan attorneys Megan Scheib and Makenzie Leh.
The case attracted substantial media attention. In 2022, an elderly man was allegedly beaten to death with a traffic cone. The incident was captured on video and two juveniles were arrested and prosecuted as adults. Bologna's client was 14 years old at the time, and he was charged with Murder (3rd) and Conspiracy. After the client's former attorney was elected to the bench, Bologna entered as counsel in December 2023.
In February 2024, he filed a Motion to Quash on the client's behalf. The motion argued the evidence was insufficient to prove the crime of conspiracy and, further, the evidence was insufficient to show malice, which is an essential element of Murder. After written briefing, expert testimony, review of the video evidence, and argument, Philadelphia Court of Common Pleas Judge Barbara McDermott granted the motion and dismissed all charges. The Philadelphia District Attorney's Office is appealing her decision.
The client, now 16 years old, was permitted to return home and live with his family.
"The death of the victim is a tragedy, but one that should not have been compounded by overcharging a 14-year-old boy in adult court with crimes the evidence does not support," said Bologna. "We agree with Judge McDermott's decision and applaud her courage in making it."
Bologna added: "I am so grateful that Buchanan let me take this case pro bono. I have been helped by countless people over the years, and I believe I have an obligation to give back to others. I think this case serves as a reminder that we can make a big difference in someone's life, and I hope it inspires others to do more pro bono work."