Attempted-murder and other charges were dismissed Friday but promptly refiled against Joshua Waring, son of a former star of “The Real Housewives of Orange County,” after a judge ruled that he was denied his right to a speedy preliminary hearing.
Orange County Superior Court Judge Thomas Goethals dismissed the charges related to a 2016 shooting outside a home in Costa Mesa that left a man seriously wounded.
Waring’s mother is Lauri Peterson, who was a cast member on Bravo’s O.C.-based reality TV series from its debut in 2006 until 2008.
Waring’s attorney, Joel Garson, filed a motion Aug. 29 to dismiss the charges, alleging that Waring was denied his right to a speedy preliminary hearing, was initially not permitted to represent himself and was precluded from questioning a witness who could have provided helpful testimony to his defense during his preliminary hearing last November, when he represented himself.
“By [delaying] his preliminary hearing … and forcing counsel on a defendant who insisted on self-representation, Waring was denied his speedy trial rights under the due process clause of the 14th Amendment,” Garson wrote.
Waring was charged with three counts of attempted murder, one count of unlawfully discharging a firearm at an inhabited dwelling, three counts of assault with a firearm, a count of shooting at another person from a motor vehicle and a count of evading police while driving recklessly, all felonies.
He also was charged with misdemeanor hit-and-run with property damage, resisting an officer and battery, along with several possible felony sentencing enhancements, according to Superior Court records.
On Friday, Goethals called the accusation that Waring was not permitted to have his preliminary hearing within 60 days of his arraignment a “glaring” and “compelling” ground for dismissing the charges. He did not make a ruling on the other issues.
Senior Deputy District Attorney Cynthia Nichols didn’t contest Garson’s motion Friday but instead refiled the same charges in Superior Court.
Waring pleaded not guilty Friday to all charges. If convicted at trial, he could spend the rest of his life in prison.
Waring will have a new preliminary hearing Oct. 30 in which prosecutors will present evidence to a judge to determine whether the case can move to trial.
In an April interview with the Daily Pilot, Waring said he’s not afraid of going to trial.
“I’m not nervous because I’m innocent,” he said. “I didn’t do it.”
Waring was arrested June 20, 2016, hours after a man was seriously injured in a shooting at a house in the 2900 block of Babb Street in Costa Mesa. The house previously was a sober-living home but had become a place where drug use and other problems were common, according to authorities.
Witnesses told police that Waring had left the house after a confrontation with a resident but returned around 2:30 a.m. in a BMW X3 belonging to his girlfriend, authorities said. Shots were fired at three people outside, authorities said.
About eight hours later, an Orange County Sheriff’s Department helicopter crew saw the BMW and police pursued it through Santa Ana before it crashed into another vehicle, police said.
Santa Ana police said Waring fled on foot and hid in the restroom of a nearby business before surrendering to officers.
Waring has a nearly decade-long criminal history in Orange County that includes convictions on felony drug charges and several misdemeanors, including hit-and-run in 2008, battery in 2009, possession of drug paraphernalia in 2009 and drug possession and resisting a peace officer in 2015. He also has an open case from April 2016 related to felony drug and forgery charges, to which he has pleaded not guilty.
He remains in Orange County Jail with bail set at $1 million and has racked up additional charges during his roughly 16 months behind bars.
In November, he was charged with a felony count of having an alcoholic beverage in jail. In June, he was again charged with that count and a misdemeanor count of being under the influence of a controlled substance. He has pleaded not guilty.