Just six days before the State v. Guilfoyle trial was scheduled to begin on Feb. 12, Franklin County Prosecutor Chris Huerkamp filed a motion to dismiss the charge of Attempted Murder, amongst others, with the intent of refiling the charges. Guilfoyle faced numerous charges related to a series of incidents that occurred on Dec. 23, 2022. Guilfoyle initially pleaded not guilty and subsequently interposed the defense of insanity.

However, Huerkamp stated, "This case is far from over. I plan to refile the charges and prosecute accordingly once newly received evidence has been adequately reviewed."

Prior to the motion to dismiss was filed, Huerkamp filed a motion to continue due to the newly released evidence.

"The State filed a detailed Motion to Continue the trial on Jan. 27, citing the need for additional time to prepare based on the receipt of new evidence, and noted the State had not previously sought to continue any trial dates," Huerkamp said in a press release. "The defense filed its own Motion to Continue on Jan. 29, citing other grounds. Both have since been denied by the court. The State's Motion to dismiss provides details on recent events during the course of the litigation involving newly disclosed evidence and the prosecution's preparation efforts in response."

The Motion to Continue cited some of the following reasons:

On Jan. 25, the defendant disclosed the names of approximately 22 witnesses, including 13 doctors and 15 out-of-state addresses, the defense's first such disclosure of the name of any witnesses since the initiation of the case.

The defendant announced his intention to call an expert witness and provided the State with said witness's curriculum vitae.

The defendant disclosed as evidence, via email, 20 separate documents, consisting of approximately 266 pages of records that appear upon initial review to be related to medical and/ or psychological care and assessments of the defendant from late Dec. 2022 to January 2023.

At the time of the filing, the defendant had not released the expert's report to the State.

Huerkamp concluded, "Given the voluminous new evidence, the stated did not have adequate time to prepare for trial on Feb. 12 and that seeking dismissal at this time would be in the best interest of justice."

The Motion to dismiss further asserts the State's intent to refile and the legal authority to support it. Huerkamp emphasized that the current dismissal status does not mean the case has been concluded.

"Unfortunately, I was compelled to make the decision to dismiss the charges for now in order to preserve the opportunity to put the State's best case forward at trial because I don't get a second chance," Huerkamp said. "I expect that these charges will be refiled within due course, and at that time, my office will pick up right where we left off."

Finally, Huerkamp noted that upon the anticipated refilling, all formal charges would remain allegations, and Guilfoyle is innocent until proven guilty in a court of law.

The defense's motion to continue requested the continuance, citing "medical necessity to address potentially life-threatening issues for the defendant and not for purposes of vexation or delay."

The Motion to Dismiss hearing will be held on Feb. 12 at 8:30 a.m. in the Franklin County Circuit Court (1).