The defense will introduce a motion to dismiss the case on Friday morning, according to a spokesperson for the Superior Court of San Joaquin County, California.
Yahoo! confirmed with the Stockton Police Department that the 23-year-old was taken into custody along with two others for allegedly stabbing to death 26-year-old John Joseph outside the Chivitas nightclub in Stockton, California, in August.
The former actor has been held without bail at the San Joaquin County Jail since August 2011. Police spokesman Joe Silva, who called the case “pretty unique,” confirmed that there had been a preliminary hearing with enough evidence to hold Daniels and the two others.
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If the case is not dismissed, the three will stand trial on the charges, which include two counts of street terrorism (police speak for gang activity), premeditated murder, and premeditated attempted murder. If convicted, Daniels could face a life sentence.
Daniels also has outstanding warrants for possession of marijuana and driving without a license.
In addition to gaining fame in “The Hughleys,” Daniels has had roles on “Grace Under Fire” and “Cold Case,” and appeared in the 2005 Disney film “Sky High.”