Prosecutors on Monday dropped the case against one of two men accused of carrying out a shooting that wounded five people in 2023 during homecoming celebrations at Morgan State University — but then immediately refiled the charges.

Assistant State’s Attorney Marina Makkar told Baltimore Circuit Judge Althea M. Handy during a brief hearing in the morning that prosecutors were unable to proceed to trial against Marquis Brown because a necessary witness was unavailable.

Handy previously indicated that she would not postpone the case, Makkar said.

But court records that became public later in the day reveal that a grand jury had indicted Brown, 19, of Washington, D.C., on charges including conspiracy to commit first-degree murder.

In a statement, Baltimore State’s Attorney Ivan Bates said his office has the “solemn duty to take every necessary measure to safeguard our community from those who seek to inflict harm” and described the allegations in the case as “grave.”

Bates questioned why the criminal justice system in Baltimore continues to adhere to what he called “antiquated practices” and noted that prosecutors and defense attorneys cannot request postponements in advance.

“This case is a shocking and egregious act that unfolded on the campus of one of our most cherished institutions,” Bates said.

“The defense requested and was granted an earlier postponement, and we requested a brief postponement for our critical witness who was away on a preplanned cruise. Yet, the judge in this case failed to recognize that public safety and the well-being of Baltimore’s residents justified the short postponement we sought,” he said.

Bates initially did not mention that prosecutors secured a new indictment.

Handy declined to comment.

Judges are bound by ethical rules and legal principles that prevent them from commenting on specific cases to preserve the impartiality and fairness of the criminal justice system, Terri Charles, a spokesperson for the Maryland Judiciary, said in an email.

Brown’s attorneys, Assistant Public Defenders Judit Otvos and Jennifer Davis, told Handy that they were prepared to go to trial.

Maryland Public Defender Natasha Dartigue said prosecutors were theoretically using their power to refile charges to “circumvent speedy trial protections and due process rights.”

The Sixth Amendment guarantees the right to a speedy trial, she said, and is designed to prevent the government from keeping people in legal limbo.

But when prosecutors drop and then refile charges, Dartigue said in a statement, “this constitutional protection becomes a mere technicality rather than a substantive right.”

Brown was visiting his girlfriend at Morgan State University and found himself facing allegations that have kept him incarcerated for almost two years, Baltimore District Public Defender Marguerite Lanaux said in a statement.

At the time, Brown was 17.

Prosecutors had months to prepare for trial but made virtually no effort to take steps including securing their key witness, Lanaux said. But instead of accepting responsibility, she said, they dropped the case, refiled the charges and blamed the courts for their own negligence.

“The State’s manipulation of the system through tactical recharging represents a fundamental abuse of power,” Lanaux said.

But Bates said his office was prepared to move forward on several previous occasions.

Prosecutors asked for one delay because a witness had a preplanned vacation, he said, but they were “denied the opportunity even to argue the motion.”

“The residents elected me to strengthen public safety and ensure accountability in Baltimore,” Bates said. “I will always prioritize public safety and the safety of Baltimore’s residents.”

The shooting happened before 9:30 p.m. on Oct. 3, 2023, sending people on the campus of the historically Black university in Northeast Baltimore running for cover.

Baltimore Police Commissioner Richard Worley said four students and one visitor were shot, and law enforcement did not believe they were the intended targets.

Speaking to reporters at the time, Baltimore Mayor Brandon Scott blamed Congress for failing to stem the tide of guns into the city and stated that he was angry with people who pulled the trigger.

Meanwhile, Morgan State University President David Wilson called the shooting a “very tragic incident on the campus of the national treasure.”

“By no means will it define who we are as a university,” Wilson said.

Morgan State University later called off additional homecoming events and canceled classes for the rest of the week.

Law enforcement later shared photos of two people taken from surveillance cameras, and a Metropolitan Police in Washington, D.C., officer identified them as Brown and Jovan “Chewy” Williams minutes later.

Federal prosecutors reported that Williams is a member of the Kennedy Street Crew, or KDY, a violent drug trafficking group.

Earlier this year, Williams, 20, of Washington, D.C., was sentenced in U.S. District Court for the District of Columbia to serve 15 years in federal prison for marijuana distribution and armed carjacking.

He’s incarcerated at the Federal Correctional Institution, Ray Brook and expected to be released in 2036.

Correction: This story has been updated to correct the name of Morgan State University President David Wilson.