Quantcast

Feds oppose motion to drop charges against accused church shoote - Live5News.com | Charleston, SC | News, Weather, Sports

Feds oppose motion to drop charges against accused church shooter

Dylann Roof  (Source: Live 5) Dylann Roof (Source: Live 5)
CHARLESTON, SC (WCSC) -

The federal government is opposing a motion to have Dylann Roof’s federal trial dismissed, urging the Court to deny it “in its entirety.”

Earlier this month, defense attorneys asked for the federal case against the man charged with shooting and killing nine black parishioners during Bible study at Emanuel AME Church in Charleston to be dropped, arguing it is unconstitutional. His attorneys believe he should only be tried in state court, where he also faces charges.

In their 75-page response filed Monday, the federal government reaffirmed their stance that they have right to try Roof under the United States Commerce Clause and the 13th Amendment.

“Defendant’s motion challenges Congress’s authority to enact the civil rights offenses with which he has been charged and also contends his offenses were not crimes of violence,” the statement reads. “None of these challenges has merit."

Prosecutors argued charges involving the Commerce Clause, which refers to Article I, Section 8, Clause 3 of the Constitution, gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes,” are valid because Roof "used several channels and instrumentalities of commerce, as well as things that traveled through interstate commerce - specifically, interstate highways, the internet, telephone and GPS systems, and a gun and ammunition - in planning and committing his attack."

Prosecutors argued charges involving the 13th Amendment are valid because of the broad authority Congress established "to eradicate the vestiges of slavery, including race-based violence."

Roof faces a total of 33 federal charges in the incident. Jury selection for his federal trial is scheduled to start on Nov. 7. 

The suspect was indicted on 13 charges in state court. His state trial is scheduled for Jan. 17, 2017.

Read the entire response below: 

Copyright 2016 WCSC. All Rights Reserved. 

  • School shooting in TexasSchool shooting in TexasMore>>

  • Teen presumed dead at crime scene in Chicago, covered with sheet, dies several hours later

    Teen presumed dead at crime scene in Chicago, covered with sheet, dies several hours later

    Wednesday, June 20 2018 6:17 AM EDT2018-06-20 10:17:01 GMT
    Wednesday, June 20 2018 7:20 AM EDT2018-06-20 11:20:34 GMT

    Eric Carey, who was twice shot in the head, was covered with a sheet where he remained on the street, still breathing, for an extended period until bystanders started shouting for the attention of first responders. The teen died later at the hospital.

    More >>

    Eric Carey, who was twice shot in the head, was covered with a sheet where he remained on the street, still breathing, for an extended period until bystanders started shouting for the attention of first responders. The teen died later at the hospital.

    More >>
  • Parkland siblings detail #NeverAgain inception in new book

    Parkland siblings detail #NeverAgain inception in new book

    Tuesday, June 19 2018 6:51 PM EDT2018-06-19 22:51:34 GMT
    Wednesday, June 20 2018 4:11 AM EDT2018-06-20 08:11:50 GMT
    In a new book, Parkland shooting survivors David and Lauren Hogg offer a gripping account of the massacre that killed 17 and a look at the grassroots March For Our Lives movement that mobilized hundreds of...More >>
    In a new book, Parkland shooting survivors David and Lauren Hogg offer a gripping account of the massacre that killed 17 and a look at the grassroots March For Our Lives movement that mobilized hundreds of thousands to rally for gun reform.More >>
  • Victims had protective order against Tallassee murder-suicide suspect

    Victims had protective order against Tallassee murder-suicide suspect

    Tuesday, June 19 2018 7:29 PM EDT2018-06-19 23:29:14 GMT
    Law enforcement is focused on a white SUV that's covered with a large sheet. (Source: WSFA 12 News)Law enforcement is focused on a white SUV that's covered with a large sheet. (Source: WSFA 12 News)

    Police have released the names of the victims and suspect in a shooting that left three people dead outside the Tallassee Walmart Tuesday morning.

    More >>

    Police have released the names of the victims and suspect in a shooting that left three people dead outside the Tallassee Walmart Tuesday morning.

    More >>
Powered by Frankly