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Attorneys ask judge to dismiss charges in the Shymanski case, claims prosecutors don't have enough evidence

Brandon Holbrook's attorneys told the judge prosecutors may have evidence their client was involved a crime, but not enough to charge him with murder.

PRINCE FREDERICK, Md. — A prosecutor said defense attorneys seemed to be on a "fishing expedition" as they repeatedly questioned a detective testifying in a preliminary hearing for Brandon Holbrook who is accused of killing and dismembering well known photographer Joe Shymanski. 

Shymanski was known in and around D.C. for his whimsical work which combined Star Wars Legos figures and iconic D.C. locales.

In court Friday, a Calvert County prosecutor told Judge Robyn Riddle that Brandon Holbrook shot and killed Shymanski in his driveway at his Huntingtown, Maryland home the Sunday before Labor Day. Then, prosecutors alleged, Holbrook drove Shymanski's body 200 miles back to Holbrook’s home in Reedsville, Pennsylvania where he burned and discarded Shymanski’s dismembered remains in the woods behind his house.

The prosecutor said Holbrook had been in a relationship with Shymanski’s ex-wife who had "recently distanced” herself from him.

In laying out evidence in support of the murder charges against Holbrook, door bell video and license plate reading cameras put his truck near Shymanski’s home shortly after a neighbor reported hearing gunshots that Sunday. 

Video from a Pennsylvania gas station shows Holbrook driving his truck that night near Reedsville. And, investigators say more video from a nearby Weis Market shows Holbrook discarding human remains outside the store where he bought cleaning supplies.

But Holbrook’s attorneys argued prosecutors don’t know how Shymanski actually died, don’t have any witnesses who saw Holbrook with Shymanski, and have no witnesses to prove it was Holbrook driving his truck when it was spotted in Maryland.

They argued prosecutors may have evidence Holbrook was involved in the crime, but not enough to charge him with murder.

Judge Riddle said defense attorneys made "significant points" that would be "relevant in a trial" but for the purposes of Friday's hearing she ruled prosecutors had enough "probably cause" to proceed with the case and rejected the request from Holbrook's attorneys. 

Riddle ordered Holbrook held without bond until his next court appearance scheduled for November 20th. 

Also in the courtroom Friday were more than a dozen of Shymanski’s friends who describe him as a devoted father

"My number one concern is how the kids are doing," long-time friend Leah Sturgis said of Shymanski's young son and daughter. "They're young...they need to be reminded every day," of their father's love for them, she said. 

Brandon Holbrook's family was also present but declined to comment. Holbrook's attorney's told WUSA9 they may have more to say at a later time. 

RELATED: Pennsylvania man charged with killing DC photographer returns to Maryland

RELATED: Prosecutor says DC photographer's body was decapitated, burned by alleged killer

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