MIAMI (Court TV) — Attorneys for a Florida man say prosecutors can’t pursue murder charges against him because they waited too long to file.
Jacob Kohlhas (Miami-Dade Department of Corrections and Rehabilitation)
Jacob John Kohlhas, 72, has pleaded not guilty to a charge of second-degree murder in the death of Alisa Marie Toth, 65. Prosecutors say Kohlhas and Toth were strangers on Oct. 21, 2025. The defendant allegedly confronted Toth, who was standing on the public sidewalk outside of his home, to ask her to leave and pushed her, causing her to fall.
When Toth fell, she hit her head on the sidewalk. First responders said she was not speaking when they arrived and that she appeared to be under the influence of a stimulant. Toth was never able to speak with investigators: she was diagnosed initially with a traumatic brain injury and subdural hematoma. Five days after she was declared brain dead, she passed away on Nov. 6. Her death was ruled a homicide and the result of blunt force trauma.
Kohlhas was initially charged with felony battery on Dec. 17, 2025. In a motion filed with the court on Thursday, the defendant’s attorney notes, “At no point was there a delay attributable to the Defendant or waiver of speedy trial” in the case. On April 6, 2026, prosecutors filed a notice saying they would not prosecute the charge. Had prosecutors pursued it, the speedy trial period would have run out on June 10.
On June 12, prosecutors filed the new charge of second-degree murder against Kohlhas. Now, Kohlhas’ attorney says prosecutors are barred from pursuing the charge because it was filed after the speedy time period ran out; while they concede the charge is different, Kohlhas’ defense lawyers wrote in their motion that because the new charge stems from the same initial alleged criminal action, the limit would apply.
Judge Michelle Delancy is scheduled to hear the motion on June 22.
