Commonwealth v. Montgomery

This is an appeal by the Commonwealth from the allowance of the defendant’s motion to dismiss on speedy trial grounds. We affirm.

The facts presented at the motion hearing regarding the underlying incident were not disputed and are as follows. On February 13, 2002, shortly after 8:00 p.m., two police officers were conducting the unrelated surveillance of a commercial parking lot when they noticed the defendant get out of his vehicle and approach the victim and his son as they walked toward their *501car and began to enter it. The defendant prevented the victim from closing the driver’s side door…