Motion filed to have charges dropped against David Chase - WSMV News 4

Motion filed to have charges dropped against David Chase

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David Chase David Chase
NASHVILLE, TN (WSMV) -

Next month, prominent Nashville developer David Chase will learn whether the domestic violence charges against him will be dropped.

Chase's attorneys filed a motion saying evidence in the case was either not saved, destroyed or attempted to be erased by the alleged victim in the case.

The motion contains Facebook messages between the woman Chase is accused of assaulting twice within a few hours and one of her friends. The page shows the alleged victim asking her friend to delete pictures from the night Chase was arrested.

"Evidence wasn't collected, wasn't preserved and we believe evidence proving the innocence of David Chase was erased," said Richard McGee, the lead defense attorney in the case.

A former prosecutor who looked at the motion said if even half of what's in it is true, the state will have a difficult time going forward with the case.

"It's a huge problem," attorney Rob McGuire said. "If I was a prosecutor looking at this case and having these issues raised, I'd be very concerned I'm getting the full story. And obviously a prosecutor's job is to provide justice and if they look at this information and feel the defense is right, then they have an obligation to dismiss this case."

McGuire said he knows both the defense team and the prosecutors in this case very well. He called them among the most ethical and talented lawyers in the city.

He also said even though this is a high-profile case, if the defense can prove the allegations in this motion, be believes prosecutors will have no issue with dismissing the case.

At this point, these are just allegations made in a defense motion. Defense teams routinely file motions to dismiss. Judge Steve Dozier will hear arguments on this next month.

Channel 4 reached out to prosecutors on Thursday, but had not heard back by deadline.

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