The motion to dismiss also said that the state has not provided testimony or physical evidence against Russ.
The motion further said that there was no evidence in the 10,000 pages of discovery or in audio and video recordings provided by the state that Russ, then 16, knew the shooting was to take place, that she fired a weapon then or any other time or took part in the crime.
The motion also cited Russ's lack of criminal record, that she has completed high school and was working in the health care industry when she was arrested.
Court documents show the five, arrested Dec. 8, 2020, communicated their intentions for hours before the mayhem that also left at least 14 others wounded, one seriously, at the Evans Avenue Club.