POWHATAN COUNTY, Va. (WRIC) — The second man accused of attacking a Powhatan man will now face a jury trial.
On Thursday, a judge decided Jacob Moore’s case will continue to a jury trial in the August term.
Moore is charged with felony aggravated malicious wounding for the attack of Norris Goode last April. Moore’s brother, Jesse Ray Moore, was found not guilty by Judge Paul Cella in March.
The defense is now requesting for Judge Cella to recuse himself from the case. Attorney’s attempted to file a motion in court on Thursday, but Judge Cella said they would have to file the motions at a later date to give him proper notice.
It was also revealed in court that the prosecutor intends to file a motion to reduce the charges against Jacob Moore to misdemeanor assault and battery.
A special prosecutor from Chesterfield is trying the case since the Commonwealth’s Attorney in Powhatan tried Jesse Ray Moore’s case.
In court, they said the charges were being reduced because of an old plea deal made with Jacob Moore. He was promised reduced charges in return for testifying against his brother.
Norris Goode said while he’s not happy the charges were reduced, he understands the reasoning.
“It seems like it is coming to an end which is good, but it’s not a good end,” Norris Goode said.
His mother said the outcome of this case will not affect their healing process.
“Even closure will not bring peace in this type of incident because this is something he will have to live with and the pain and suffering he will have to endure for a lifetime,” Rebecca Parker said.
Norris Goode and his family said they have mixed feelings about the defense’s request of the Judge this because they do feel Judge Cella’s decision in March was biased.
“We really believe the injustice was performed at the bench, with the man who sits behind the bench,” Parker said.
“I want him to be just as strong and as bold as he was in March and render the same unjust verdict,” said Goode. “I wish he would, because then it would show his true character.”
The family is also planning a rally on July 7 asking for a judicial review of Judge Paul Cella and the cases he’s presided over. They ask that he be removed from his position.
That rally will be led by Phillip Thompson with the NAACP Criminal Justice Committee Chairman Group.
This is a developing story. Stay with 8News online and on air for the latest updates.