Attorneys for two of the men being charged in connection with the murder of 36-year-old Joshua Poole at 8 Delevan St. in 2019 have had their motion to dismiss denied by a Cayuga County Judge.
Gage Ashley and Lucciano Spagnola are two of the four people arrested in connection to the killing, arraigned in January of 2020 for second degree murder, first degree attempted robbery, and fourth degree conspiracy.
Ashley was also charged with first degree murder and tampering with physical evidence, and Spagnola was given a second charge of second degree murder since his age at the time made it so he could not be charged with first degree murder.
Ashley’s attorney, Todd Sloan, made an attempt at filing a motion for dismissal when finding out a member of the jury had a felony, making the juror ineligible to serve.
The District Attorney’s office for Cayuga County said that reason was not grounds for dismissal and the judge denied it.
The trial is set to begin September 13th of this year.
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