CONWAY, SC (WMBF) – A motion has been filed by the defense to have the 15th Circuit Solicitor's Office recused from the case for one of the men charged in connection with the death of Zachary Malinowski.
The motion was filed July 28 on behalf of Javon Gibbs, who is charged with murder and kidnapping.
In the motion, defense attorney Ralph Wilson Jr., states the co-defendant in the case, Christopher Anfony Brown, was previously represented by the public defender's office.
One of the public defenders, Christopher Helms, "was an active participant of the defense of the co-defendant during the preparation for, hearing of and discussion after the preliminary hearing in this (matter)," the motion stated.
That public defender now works for the 15th Circuit Solicitor's Office, according to the motion.
"Prosecution of this matter by the 15th Circuit Solicitor's Office will prejudice the defendant," the motion stated.
Brown is charged with attempted murder, possession of a weapon by person convicted of a violent felony and possession with intent to distribute marijuana in this case.
Police said they determined that in the early hours of Aug. 26, 2013, Brown and Gibbs allegedly abducted Malinowski from his home and took him to the western portion of Horry County, where he was killed.
Earlier this year, the same motion to dismiss the solicitor's office was filed in the case of Randy Robinson, the man charged in the 2014 death of Angie Pipkin, because of the same former public defender.