Motion to dismiss indictment denied in fatal stabbing case

Dec 30, 2020

A Plymouth Superior Court judge denied a motion to dismiss a grand jury’s decision to indict David Robbins — the Onset man arrested for killing 33-year-old Yves Roux Jr. in November 2019 — for first-degree murder.

Robbins’ defense attorney John Amabile filed the motion to dismiss and argued in support of the motion at a pretrial hearing on Monday, Dec. 14.

Before Judge Debra Squires-Lee, Amabile argued that the evidence presented to the grand jury did not “sufficiently establish probable cause” that Robbins committed first-degree murder when he allegedly stabbed Roux on Main Street following an incident of road rage.

In the motion to dismiss, Amabile argued that Robbins, a 66-year-old Wareham resident, did not commit “an intentional killing with deliberate premeditation or by extreme atrocity and cruelty,” which is one part of first-degree murder.

During the same Dec. 14 pretrial hearing, Assistant District Attorney Shanan Buckingham opposed the motion to dismiss the indictment. Buckingham argued, among other things, that “premeditation can form in the matter of a second,” so Robbins had time to form intent and make the decision to wield a weapon.

Although the text of the decision could not be made available to Wareham Week or the public, a spokesperson from the Plymouth Superior Court Clerk’s Office confirmed that the motion to dismiss was denied.