NASHVILLE, Tenn. (WKRN) – A motion was filed Wednesday to dismiss the domestic assault case against prominent Nashville contractor David Chase.
Chase was arrested twice within 24 hours for domestic violence in the summer of 2014 against his then-girlfriend.
Defense attorneys for Chase said they want the case dismissed “because of the loss and destruction of evidence that is crucial to Mr. Chase’s defense.”
They went on to say that due to the loss of evidence, Chase’s constitutional rights to due process have been violated.
“We knew that there were important records and low and behold as the months have unraveled and we’ve worked the case what we’ve discovered is those records are gone and that is a real problem,” said Chase’s attorney, Richard McGee.
In the motion, defense attorneys claim the alleged victim intentionally provoked Chase, lied while testifying, and deleted key evidence including texts and Facebook messages.
The motion said the alleged victim “attempted to set up David Chase, have him arrested, and use the legal system to gain leverage in her failed relationship with a man that she could not and would not let go.” Chase’s attorneys believe she deleted the key evidence that would show her “attempts to put this plan into place.”
“We feel that what has happened in this case is so severe that dismissal is warranted,” explained McGee.
Because of the charges, Chase resigned from the development company his family founded.
“It’s going to take him years and years and years to try and rebuild some of the things that he was trying to do,” McGee told News 2.
In the motion, defense attorneys showed a Facebook conversation between the alleged victim and her friend. They said that friend was with her the morning of the alleged attacked on June 8, 2014, which is the date of the conversation. The defense said she told her friend to “delete everything until my court.”
“We believe records and other documents which tells this whole story have been destroyed and because of that my ability to ensure that David Chase gets a fair trial has been severely hurt and there is no excuse for it,” McGee said.
A spokeswoman with the district attorney’s office told News 2 she may be able to provide more information Thursday.
The hearing is scheduled for April 9.