Lawyers for men accused of killing Worcester mom, daughter lose bid to have charges dropped

WORCESTER ― A Central District Court judge Thursday denied motions to dismiss charges against the two men accused in the March 5 slaying of Chasity Nuñez and her 11-year-old daughter Zella .

Lawyers for Karel Mangual, 28, and Dejan Belnavis, 27, had filed the motions citing “a failure to indict.” The two are continuing to be held without bail months after their arrests.

Mangual was arrested the day after the shooting in Worcester; Belnavis was arrested in San Diego March 11 following an intensive manhunt.

Mangual was arraigned in District Court March 7; Belnavis was arraigned March 29, after his extradition from California.

Mangual attended the Central District courtroom session virtually as the defense lawyers stood at the counsel table Thursday morning.

The defense showed frustration at the delay in seeking indictments.

Mangual yelled out, “five, five months, your honor,” after his defense lawyer Richard J. Farrell Jr. said it had been “four months” while arguing for dismissal.

Belnavis was not present during the proceedings, by all parties’ agreement.

Assistant District Attorney Brett Dillon said prosecutors expect indictments to be requested in a few weeks, when a grand jury is expected to review the evidence and vote whether to indict.

Dillon said Thursday that 98% of the evidence has already been presented to a grand jury.

Farrell argued Thursday that the way Mangual was identified was insufficient to find probable cause for his prosecution; he asked for dismissal of the charges or a release without bail.

Mangual was arrested the day after the shootings of Chasity and Zella Nuñez, who were killed when two gunmen fired into a vehicle they were sitting in that was parked on Englewood Avenue. Police said they identified Mangual using surveillance footage that showed one of the shooters wearing distinctive purple and black shoes.

A police officer, who is said to have known Mangual since childhood, supported the identification process.

Mangual's defense lawyer, Rosemary C. Scapicchio, cited a “failure to indict” by the prosecution in asking for the case against her client to be dismissed.

Mangual and Belnavis are due back in court for another probable cause hearing on Sept. 11, when, Judge Timothy M. Bibeau said, bail and the motions to dismiss will be revisited.

This article originally appeared on Telegram & Gazette: Lawyers for men accused of killing Worcester mom, daughter lose bid to have charges dropped