Key Witness Problem delays Non-Fatal Shooting Trial

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On Oct. 18, at a hearing that was supposed to be a trial, DC Superior Court Judge Lynn Leibovitz released a defendant charged in a non-fatal shooting incident after a critical witness failed to appear in court.

Marcellus Stewart, 27, is charged with two counts of assault with a dangerous weapon, two counts of assault with significant bodily injury while armed, and four counts of possession of a firearm during a crime of violence, among other charges, for his alleged involvement in a non-fatal shooting on May 17 on the 4600 block of Hillside Road, SE. The incident left three people suffering from non-life-threatening gunshot wounds.

At a previous hearing on Sept. 29, prosecutors alerted Judge Leibovitz they were having issues contacting one of the key witnesses.

According to prosecutors, their inability to contact and have the witness at court was due to the individual’s detention outside the District’s jurisdiction in an unrelated matter. He was scheduled to have a bond review hearing on Oct. 18, but it is unclear if he was released.

Due to the prosecutors’ inability to guarantee the witness would show up to testify, Stewart’s defense attorney, Camille Wagner, filed a motion to release Stewart citing the prosecution’s inability to be prepared for trial.

In granting the defense’s motion, Judge Leibovitz said Stewart would be restricted to home confinement and would only be allowed to leave home for medical reasons or to go to court.

Parties are expected back for a status hearing on Oct. 24.