Patrick Powell's case will NOT be dismissed

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Parish Judge Vaughn Smith on Wednesday morning rejected an application by defence attorneys for the case against Patrick Powell to be dismissed.

Powell is on trial for failing to hand over his licensed firearm to the authorities during the investigation into the 2011 fatal shooting of 17 year old Khajeel Mais.

During no-case submissions Wednesday morning, lead attorney Debra Martin argued that the prosecution has failed to prove a case against Mr. Powell.

She argued that when the request was made of him to produce the firearm he was in custody. Ms. Martin added that he had the constitutional right to remain silent while in custody.

She insisted that her client did not refuse the request to hand over his firearm, but told the police that he wanted to consult with his attorneys.

But prosecutors argued that he was given sufficient time to produce the weapon, but refused to do so. They urged the Parish Judge to reject the defence' submissions.

Judge Smith ruled that Mr. Powell has a case to answer.

The businessman is expected to testify in the trial on Thursday.

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