Chen’s defense attorney files to vacate indictment

CHATTANOOGA, Tenn. (WDEF) – The defense attorney for Jason Chen has filed a motion to vacate his client’s indictment.

This motion was discussed at a brief hearing this morning.

Chen is charged with first degree murder and abuse of a corpse in the death of Jasmine Pace last November.

Jason Chen, charged in the murder of Jasmine Pace, walking into court for a motion hearing.

Court records show Defense Attorney Joshua Weiss filed this motion last month, and the state led by District Attorney Coty Wamp filed a response to that motion last week.

If approved by the Judge, it would mean the case would have to go through a second preliminary hearing to prove probable cause.

Wamp said her team was ready to discuss this motion today but Judge Boyd Patterson is allowing time for the defense to go through their response to their motion.

Mr. Weiss said on the topic of discussing the motion, “Yes, your honor, but I wasn’t ready to proceed on that today. It’s just local rules of the court that when a motion is filed it comes up on the court’s docket for a hearing. This matter was especially set by the parties for today and that’s why it came up on the docket for today. I’m ready to proceed very quickly however in the next week or two.”

If the motion is approved, it would not mean the whole case would be thrown out, it would proceed back to a prior step.

This matter will be discussed at a hearing later this month.