DC Superior Court Judge Robert Hildum granted an assault defendant release after accepting a waiver of her right to a preliminary hearing on July 23.
Shirley Chisholm, 70, is charged with assault with a dangerous weapon and aggravated assault with a knowingly grave risk, for her alleged involvement in an domestic incident that occurred July 18, on the 2300 block of Good Hope Court, SE. The victim, Chisholm’s boyfriend, sustained a two-inch cut on his head.
At the start of the hearing, Judge Hildum accepted Chisholm’s signed waiver of a preliminary hearing, which would have determined if there was probable cause for the charges against her.
Lola Ziadie, Chisholm’s attorney, asked for release, stating that at 70 years old, Chisholm never had trouble with the law.
“Both Ms. Chisholm and her live-in boyfriend had been drinking,” said Ziadie, arguing that Chisholm reported an assault from her boyfriend as well, although she was the only one arrested.
Ziadie then pointed to Chisholm’s daughter and her son-in-law in the courtroom, and said they “just want their mom to come home.”
“This really is an overcharge,” Ziadie concluded. “My client defended herself.”
“The facts are there was a disagreement,” stated the prosecution, requesting that Chisholm remain held.
The prosecution recognized Chisholm’s lack of criminal history, but stated “the injury is of concern,” and expressed worry about the victim’s safety. The prosecution also remarked that Chisholm had no visible injuries, while acknowledging the allegations of assault.
“These are very serious allegations” against Chisholm, said Judge Hildum.
The judge considered Chisholm’s age, lack of criminal history, and strong support system, and concluded he had “no doubt” that Chisholm would return to court.
Judge Hildum granted Chisholm’s release under specific conditions to ensure both the safety of Chisholm’s community and her return to court. Chisholm must report to the Pretrial Services Agency (PSA) by telephone once every two weeks, allow PSA to perform a substance abuse assessment, and cannot possess a firearm.
In addition, Judge Hildum ordered a stay-away order for Chisholm from the victim. He emphasized that “the order is from the court, not [the victim],” and she will go to jail if she violates the order. Chisholm will be allowed to collect items from the victim’s home with a police escort.
Parties are slated to reconvene on Aug. 20.
