LOUISVILLE, Ky. (WDRB) -- A man accused of shooting someone on the Gene Snyder Freeway in June of 2014 is out of jail, but his charges aren’t dismissed.

Jasmin Osmanovic is accused of shooting a gun near the Gene Snyder Freeway back in June of 2014. According to prosecutors, when Osmanovic shot the gun, the bullet hit a man driving on the Snyder in the arm and chest. The victim survived the shooting.

Osmanovic was scheduled to go to trial Wednesday, but that never happened. A key witness for the prosecution did not show to court.

“We would ask for a continuance,” said assistant Commonwealth’s attorney Ryan Becker. “We can't present this case this week. She is a critical witness in this case.”

Becker asked for a continuance in the case. However, the defense argued that because Osmanovic has been in custody since he turned himself in to police, the case should be dismissed.

“He has a constitutional right and a fundamental right to have a speedy trial, and it's the commonwealth's obligation to bring it to trial,” Osmanovic’s attorney told the judge.

The judge did not grant either motion but he did release Osmanovic from custody.

Instead, the judge scheduled a status hearing on the case for Oct. 11. At that point, the judge will decide to issue a continuance or to dismiss the case altogether.

The main arguments will center around whether or not Osmanovic’s right to a speedy trial was violated. 

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