Motion to Postpone Shooting Trial For Lawyers’ Personal Reasons Denied

By Elizabeth Brady - October 30, 2024
Burglary | Daily Stories | Non-Fatal Shooting | Suspects |

DC Superior Court Judge Jason Park rejected a motion on Oct. 29 to delay a jury trial set for Nov. 4 due to preparation issues by the defense lawyers given unforeseen circumstances.

Demonte Gibson, 26, is charged with assault with intent to commit robbery while armed, two counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, two counts of unlawful possession of a firearm by a convict, and obstruction of justice for his alleged involvement in a non-fatal shooting on the 1400 block of Fairmont Street, NW on Dec. 7, 2021. One individual suffered non-life-threatening injuries. 

During the hearing, Gibson’s defense attorney, Kevann Gardner, requested a continuance of the trial due to his ten-year term with the Public Defender Services (PDS) ending in unforeseen circumstances. 

Gardner argued that his co-counsel, Rachel Cicurel, would be unprepared for trial on the previously scheduled date.

The prosecution objected to the motion, arguing the defense should have informed the court earlier and Gardner’s leave was foreseeable. The prosecutor argued they have been working tirelessly to make sure their arguments are ready for the trial set for next week. 

Cicurel is currently pregnant in her third trimester and anticipates having to prepare alone for the trial in Gardner’s absence. She asserted that she would be unable to “pull all-nighters” due to the mental and physical consequences potentially putting her and her baby in jeopardy. 

Both defense attorneys argued that the circumstances that are presented will not ensure that Gibson will have a fair trial. Gardner stated, “I am not going to be there for any part of the trial” due to travel responsibilities. 

Judge Park denied the continuance due to Gardner’s still being employed with PDS until Nov. 15, determining that the trial is expected to be completed before the date. He maintained that Gardner shouldn’t have made travel plans during the trial, reiterating that it was “not even close to a good cause.”

The parties are set to reconvene on Oct. 31.