A hearing was held in the York County Court of Common Pleas Tuesday for Dasean Damont Morris, the man charged in the killing of Kyle Hagenbuch, of Lehighton.

Judge Harry Ness did not issue a ruling or order after the approximately two-hour hearing, reserving to do so at later date.

Defense attorney Sandra Thompson was seeking to dismiss the case against Morris, who is charged with first- and third-degree murder in Hagenbuch’s death in York City because she claims Morris was not brought to trial fast enough according to law. His trial is set for Jan. 18 and it could last four days.

Hagenbuch was shot outside in the area of 900 E. Clarke Ave. on July 31, 2020. He died Aug. 2 at WellSpan York Hospital. His death was ruled a homicide. The district attorney’s office is not seeking the death penalty.

Morris also faces charges of carrying a firearm without a license and marijuana possession. He was arrested Aug. 18, 2020, after a traffic stop on an unrelated matter.

He was seated in the courtroom with an orange prison jumpsuit. Supporters were seated nearby.

Assistant District Attorney Steph Lombardo and ADA Chuck Murphy represented the DA’s office.

Three people testified and at times were cross examined.

Teresa Jauregui, who had been a senior deputy prosecutor with the DA’s office but is now the legal director for the National Child Protection Task Force, Detective Christopher Perry with the York City Police Department, and Kara Bowser, ADA with the DA’s office testified. Jauregui was first to take the stand.

She said it “took months longer than it normally did” for reports such as ballistics to come back after being sent out for examination.

“Can you turn over a report you don’t have?” Lombardo said.

“No,” Jauregui said.

Perry testified the state police labs were “hundreds of cases behind” due to a myriad of reasons including the pandemic.

He said the Harrisburg laboratory, one of three where evidence was sent, serves 18 counties. Harrisburg, York and Lancaster send the most requests for evidence analysis. Perry testified the ballistics report was received Nov. 8. It was then given to the defense.

Bowser said the ballistics report was not needed for trial. She admitted she didn’t know if would help or hinder the defense. Bowser confirmed the report was received Nov. 8.

Additional information not part of the report was received shortly thereafter and sent to Thompson.

Thompson said the case was not listed for trial for a period of months.

A Nov. 15 trial date had been set previously, but Thompson requested a continuance because a ballistic received close to the trial date didn’t give enough time to have it examined.

Lombardo said the statewide judicial emergency declared early in the pandemic suspended rules providing for a prompt trial.

Thompson contended that Morris should have been brought to trial in October.

The prosecution said that date is Feb. 27, 2022.