Dasean Morris will be tried in York County court for killing Kyle Hagenbuch, of Lehighton.

Common Pleas Judge Harry Ness on Wednesday denied defense attorney Sandra Thompson’s motion for dismissal of the case because she claimed Morris was not brought to trial fast enough according to law.

“Upon review of the testimony and argument from both the commonwealth and counsel for defendant, this court finds the commonwealth acted with due diligence in timely bringing this matter to trial,” Ness ordered. He ordered the case to be “promptly” scheduled for trial.

The trial is set for Jan. 18 and could last four days.

In another order, Ness granted Thompson’s request for a ballistic expert paid $5,000 by York County to do a firearm and tool mark examination and if needed an expert report and or testify at trial, if necessary.

Morris, Thompson and employees of the York County District Attorney’s office were in court last week to determine if the case against Morris should proceed.

He is charged with first- and third-degree murder in Hagenbuch’s death in York City. Hagenbuch was shot outside in the area of 900 E. Clarke Ave. 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.