A judge faulted Fairfax County prosecutors Friday for not disclosing evidence in a timely fashion in a high-profile case of alleged police brutality but stopped short of dismissing the charges as a defense attorney requested.

Fairfax County Circuit Court Judge Brett A. Kassabian ruled prosecutors must immediately turn over the evidence and barred them from calling certain expert witnesses at the trial of Fairfax County police officer Tyler Timberlake, who is accused of assaulting a Black man during a call last summer.

The ruling is significant because it is the second time in recent months that a Fairfax County judge has ruled that the Office of Commonwealth’s Attorney Steve Descano did not disclose evidence in a timely fashion. Descano won office in 2019, promising to offer defendants a better view of the evidence against them.

Timberlake’s attorney argued that the failure to disclose a lengthy police report, video of the incident, a 911 call and other evidence had violated his client’s right to a fair trial and that the case should be dismissed.

But Kassabian ruled that though prosecutors’ actions were deficient, they did not amount to what is known as a Brady violation and could be corrected given the trial was still more than 15 months away. He said dismissing the case was too drastic.

“The court declines the invitation to ignore the Commonwealth’s failure to meet its affirmative duty to timely disclose materially exculpatory evidence, including impeachment evidence,” Kassabian wrote. “To turn a blind eye and acquiesce in prosecutorial pronouncements of purported open file discovery not only adversely affects defendant’s rights to a fair trial, but also shakes the public’s confidence in a process that is based on justice and fairness.”

Timberlake plans to argue at trial that he mistook the victim in the case, La Monta Gladney, for another man, who had been violent with police, was known to carry weapons and had outstanding arrest warrants. Body-camera footage of the incident showed that Timberlake deployed a Taser and punched Gladney seconds after arriving on the scene of a call in the Mount Vernon area in June 2020. Gladney was disoriented and did not appear to be a threat in the video.

Timberlake has been charged with three misdemeanors.

Kassabian was particularly concerned prosecutors had not disclosed the police report, even though they had it for months. The judge found that prosecutors had not handed over adequate information about criminal records for Gladney and the man Timberlake mistook him for, saying it was clearly evidence that would bolster Timberlake’s defense.

The judge also concluded prosecutors did not disclose the name of an expert they consulted who would testify the use of force was reasonable. Kassabian barred prosecutors from calling an expert on that subject at trial.

Brandon Shapiro, an attorney for Timberlake, said he respected Kassabian’s decision. “Notwithstanding Judge Kassabian’s ruling we remained concerned with the misconduct that is outlined in the judge’s opinion,” Shapiro wrote in an email. “The Judge’s opinion points out serious ethical violations that remain unaddressed.”

Descano said in a statement that he was pleased Kassabian found the prosecutors did not commit a Brady violation and rejected the request to dismiss the case. “I look forward to providing a jury of Fairfax County residents an opportunity to decide the outcome on the case’s merits,” Descano said. “I take seriously the issues raised in the order, have reorganized the team working on this case, and directed them to immediately reexamine all potential discovery elements.”