Shooting Co-Defendant Waives DNA Testing Right And Can Attend Halloween Festival

By Natalie Note - October 21, 2024
Daily Stories | Non-Fatal Shooting | Suspects |

A shooting defendant waived his right to DNA testing and received permission from DC Superior Court Judge Robert Okun to attend a Halloween festival and stay out one hour past his curfew on Oct. 18. 

Daquawn Lubin, 29, and Jonathan Young, 34, are charged with conspiracy, two counts of assault with intent to kill while armed, assault with significant bodily injury while armed, aggravated assault while armed, and four counts of possession of a firearm during a crime of violence. These charges stem from their alleged involvement in a non-fatal shooting that injured two individuals that occurred on the 4000 block of Benning Road, SE on July 24, 2023. 

At the hearing, Kevin O’Sullivan, Lubin’s defense attorney, alerted the court of Lubin’s intention to waive his right to DNA testing. 

The prosecution listed all of the physical evidence that they had tested for this case, including clothing items, cartridge casings, blood swabs, and buccal swabs for inside the mouth samples taken from both Lubin and Young. The results of the testing were provided to the defense but not placed on the record.  

O’Sullivan also addressed the court about a motion to review Lubin’s release conditions. The prosecution agreed to file a written response to the motion by Oct. 25. 

In the meantime, O’Sullivan said Lubin wanted to attend a Halloween festival with his four-year-old child on Oct. 19 but was concerned that he would not make it back to his residence in time for his 10 p. m. curfew. Judge Okun agreed to modify his curfew only for Oct. 19 so that Lubin would be required to return home an hour later at 11 p. m. 

Also at the hearing, Judge Okun addressed Cheryl Stein, Young’s defense attorney’s, motion to withdraw from the case. Judge Okun agreed and will appoint another attorney. This is the second court-appointed attorney for Young. . 

Judge Okun warned Young that he may not be able to request another new attorney after he is appointed a new one. 

“You don’t have an unlimited number of attorneys that I can appoint for you,” Okun said. 

Parties are slated to reconvene on Nov. 8.