A week before jury selection is scheduled, a Chester County man charged in a 2021 homicide in Butler County is asking a judge to dismiss the case because his constitutional right to a speedy trial has been violated.

A hearing was held Thursday on a dismissal motion from Paris Carter, 28, of Downingtown, who has been charged in the May 17, 2021, shooting death of David A. Hines, 38, of New Castle. Hines body was found in a running vehicle on a roadside in Muddy Creek Township.

Defense attorney Matthew Ness filed the motion Nov. 3 and Judge Joseph Kubit heard arguments on the motion Thursday. Ness said there have been numerous delays in bringing the case to trial since charges were filed in May 2021, but the 365 days required by Rule 600 to begin the trial has expired.

Carter has been held in Butler County Prison without bail since he was arrested May 26, 2021, in Philadelphia.

The motion Ness filed states the “run date,” which is the day the 365-day clock starts, has changed seven times due to delays from continuances and appeals since the charges were filed. He said the current adjusted run date of Oct. 15 falls before the trial date.

The motion seeks a dismissal with prejudice. If granted, it would mean the homicide charge can’t be refiled.

Assistant District Attorney Robert Zanella gave a rundown of the court orders, motions and appeals filed in the case over the years and said the new adjusted run date is Dec. 10.

Kubit didn’t immediately issue a decision. He gave Ness additional time to file a brief in response to a Superior Court ruling Zanella cited in his argument.

Carter, his brother Dante Carter, Hines and Tashane Henry — who was driving — were traveling to New Castle from Pittsburgh in a silver Jeep owned by Hines’ girlfriend, according to court records citing testimony from Paris Carter’s June 30, 2021, preliminary hearing. Hines was the front passenger seat. Paris Carter was in the seat behind the driver when he fired three shots at Hines’ head, striking him twice.

Henry pulled over and Paris Carter began driving. After driving a short time, he pulled over. However, the ground where he parked gave way and the Jeep was stuck there, according to the records.

Henry, along with Paris and Dante Carter, abandoned the Jeep with Hines body inside and left on foot. They went to a campground where Henry’s girlfriend picked them up and took them to Henry’s home, according to the records.

A passerby discovered Hines’ body in the still-running vehicle wedged into a hillside along Portersville Road in Muddy Creek Township.

The Carters made their way to Atlanta, Ga., where the district attorney’s office alleges on May 20, 2021, Paris Carter shot Dante Carter in the back of the head in a ride share vehicle. Dante Carter survived the shooting.

The district attorney’s office wanted to include evidence about the Georgia shooting in the case against Paris Carter. His former attorney filed an appeal in Superior Court, which issued a decision allowing the district attorney’s office to present evidence that Paris Carter fled to Atlanta, but not about the shooting.

Jury selection in Butler County for Paris Carter is scheduled for Nov. 12 or 13 and the trial for the week of Nov. 16.