But in August, after her attorney argued that Brayfield was never given the chance to argue against the charges being issued at a clerk’s show-cause hearing, the case was dismissed on procedural grounds.
A spokesman for District Attorney Jonathan Blodgett said in August that the charges would be re-filed against Brayfield. But according to the Salem District Court clerk’s office, that never happened. It was unclear why.
Prosniewski, however, referred to the case during his bail argument for Brayfield, who is facing two counts of assault with a dangerous weapon and illegal possession of a firearm.
Hecksel is charged with improper storage of a firearm and illegal possession of a firearm.
Neither Brayfield nor Hecksel have a firearms identification card that would allow them to have the shotgun in Massachusetts.
Hecksel is licensed to have the gun in Michigan, his home state, said a lawyer appointed to represent him yesterday.
Lawyers for both Brayfield and Hecksel argued for the release of their clients, challenging the credibility of the friend. Judge Matthew Machera was not persuaded, however, and ordered the pair held.
A probable cause hearing is scheduled for Dec. 20.
Courts reporter Julie Manganis can be reached at 978-338-2521, via email at firstname.lastname@example.org or on Twitter @SNJulieManganis.