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<p>WILKES-BARRE &#8212; The attorney for one of the brothers accused of a 2015 <a href="https://www.timesleader.com/news/local/673028/defense-for-attempted-murder-suspect-they-charged-the-wrong-person" target="_blank">robbery spree</a> filed on Monday to have another charge against his client thrown out for violation of his rights.</p><p>Dashawn McLendon, 22, of Wilkes-Barre, was arrested on Sept. 13, 2015, after police say they found him in possession of a small amount of marijuana and drug paraphernalia for personal use.</p><p>The charges have been pending since then. McLendon&#8217;s attorney, Robert C. Trichilo, said in a filing that this violates his client&#8217;s right to a speedy trial.</p><p>Trichilo asserts in the filing that the defense did not move to cause a delay in the case, and that the state had no reason to delay the case for more than two years.</p><p>Trichilo also asserts that the state failed to act with due diligence, the charge against McLendon was initially dismissed by District Justice Rick Cronauer in December 2015 before being filed again with the same criminal complaint in February 2016.</p><p>&#8220;It should be readily apparent to this court that the commonwealth dragged its feet and failed to prosecute this matter at each stage of these proceedings,&#8221; Trichilo said in his filing.</p><p>McLendon and his brother, Ibn McClain, 17, were found guilty in August of possession of a firearm without a license after the pair were charged with shooting Ian Nieves while he gave the brothers a ride.</p><p>Prosecutors said the brothers intended to kill Nieves, while Trichilo argued that McClain was defending himself during a drug deal. Ultimately, both brothers were found not guilty for attempted murder, but McClain was convicted of aggravated assault and possession of a firearm as a minor.</p><p>Both McLendon and McClain will be sentenced on Oct. 20.</p><p>The crimes committed by the brothers against Nieves were part of what prosecutors say was a string of crimes, with most being alleged robberies of taxi cab drivers.</p><p>So far, McLendon and McClain have only been tried on the charges involving Nieves. The other charges will be tried at a later date.</p><style>
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<div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2017/09/web1_web1_web1_Dashawn-McLendon-4-5-14.jpg">
<div class="neCaption">McLendon </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2017/09/web1_web1_web1_Dashawn-McLendon-4-5-14.jpg</photo0><caption0>McLendon </caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Patrick Kernan</p><p>pkernan@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Patrick Kernan at 570-991-6386 or on Twitter @PatKernan</p></shirttailMeta></div>

Man convicted in taxi robbery spree files to have separate charge dismissed