NORTH HAVERHILL — A Grafton County Superior Court judge refused to dismiss charges in a road rage shooting case this month, saying that there’s no proof prosecutors have withheld evidence from defendant Joseph Brown.

The decision was a response to a motion filed by 39-year-old Brown, of Grafton, who is being held without bail on charges of assault and reckless conduct for allegedly shooting a fellow motorist on Route 4 in April.

In the October motion, Brown’s attorney Penny Dean, claimed prosecutors hadn’t provided case materials to her in a timely fashion. She also included a request to hold the state in contempt over the production of evidence.

Judge Lawrence MacLeod denied both requests in an order signed Nov. 5, saying Dean’s arguments are based on “pure conjecture.” He also addressed three instances in which Dean claimed the state withheld evidence.

Dean claimed that prosecutors failed to hand over the results from laboratory tests on the gun Brown fired, but the state argued that they haven’t completed testing so there’s no evidence to hand over. Dean’s motion also said the state neglected to provide a police report and surveillance videos in the case. In both instances, the state said neither the report nor the videos exist. They claim that police who responded to the scene were “not aware their surveillance cameras were working,” so the recordings were overwritten, according to the order.

In each instance, MacLeod ruled on the side of the state, saying that prosecutors, “made every effort to provide the defendant with all evidence as it becomes available.” He also referenced a state statute that instructs prosecutors in a case to hand over all discovery within 10 days after arraignment. But, MacLeod wrote, the statute does not, “require the state to produce nonexistent evidence.”

Brown has pleaded not guilty to the charges, which stem from an incident in late April. Prosecutors have said Brown was driving erratically and tailing Jason Marandos’ vehicle as they drove down Route 4 in Grafton near the intersection with Lower Meadow Road. At one point, Brown pulled ahead of Marandos and braked, causing a minor collision, according to police.

Both men got out of their vehicles and got into a “scuffle,” and Marandos punched Brown, Assistant Grafton County Attorney Mariana Pastore said at a hearing in April. After they separated, Brown pulled out a gun and shot Marandos in the abdomen, she said.

Brown has claimed he was trying to protect himself and his three children, who were in the car at the time. Marandos also had his child and his wife in the car at the time of the incident.

In an order in September, MacLeod, in large part, denied a request by the state to introduce evidence that alleges Brown has engaged in “confrontational driving” on at least seven instances in the past. Admitting it at trial could unfairly prejudice the defendant, among other things, MacLeod ruled.

However, the state filed a motion to reconsider that order, and MacLeod agreed to let the state present one prior incident from April 10, which prosecutors say shows Brown engaged in driving behavior similar to that of the incident in question.

MacLeod said the prior incident is relevant to proving Brown’s state of mind, which is an element in a self-defense claim. The defense objects to allowing any information about the April 10 incident into evidence at trial.

Brown remains held without bail. He is due next in the North Haverhill court for a final pretrial conference on Nov. 20.

Anna Merriman can be reached at amerriman@vnews.com or 603-727-3216.