A judge dismissed a felony gang assault case after finding months of missed deadlines and serious discovery failures by prosecutors.
Ontario County Court Judge Gregory J. McCaffrey granted the defense motion to dismiss the indictment, ruling the prosecution failed to meet New York’s speedy trial and discovery requirements. The decision ends the case against Horace Betts, Jamie Downing and Tyler Liberatore.
The charges stemmed from an alleged assault on Dec. 31, 2024, in the City of Geneva. Prosecutors accused the defendants of causing serious physical injury using a weapon or dangerous instrument.
Why the case collapsed
In a six-page decision dated Jan. 15, the court found prosecutors did not exercise due diligence in turning over required evidence.
The ruling points to missing body-worn camera footage from 14 officers, bank security video near the scene and other materials that had been in the Geneva Police Department’s possession since January 2025. By law, those items counted as being in the possession of the prosecution.
The court found prosecutors did not disclose the existence of those videos until late December 2025 and did not provide them until days later. During that time, the district attorney’s office filed multiple certificates claiming it had complied with discovery rules.
Judge McCaffrey ruled those certificates were “inadequate and illusory.” He also noted that some of the undisclosed video evidence could be exculpatory for at least one defendant.
Because the prosecution failed to validly declare trial readiness within six months, the court found the speedy trial clock expired. The law required dismissal.
DA points to failures before his tenure
Ontario County District Attorney Jason MacBride issued a statement placing responsibility on actions taken before he assumed leadership.
MacBride said the case “suffered fatal speedy trial and discovery failures from the commencement of the prosecution in early January 2025.” He noted arrests occurred around Dec. 31, 2024, but the prior administration did not present the case to a grand jury for more than five months.
According to MacBride, the assigned assistant district attorney at the time failed to seek out known discovery items and did not disclose favorable evidence required under Brady. Those materials were available from the Geneva Police Department immediately after the arrests.
MacBride said he ordered a review of pending felony trials after his appointment as acting district attorney in late December 2025. He said First Assistant James Nobles quickly obtained the missing discovery from Geneva police and turned it over to defense attorneys.
“Despite Nobles’ diligent efforts and prompt disclosure, we were unable to save this case from dismissal,” MacBride said.
Impact on victims and next steps
MacBride called the dismissal “extremely unfortunate,” saying a victim will not receive justice because of earlier inaction.
He also said the Geneva Police Department did its job and that its work was undermined by prosecutorial failures. MacBride acknowledged his office may uncover other cases with similar problems as it continues to rebuild.
“We are working tirelessly to ensure that each victim gets the justice they deserve while protecting the fundamental rights of the accused,” he said.
The court’s order leaves no option to revive the case. Judge McCaffrey wrote that the discovery violations and lack of diligence left the court “with no alternative” but dismissal.
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