DC Superior Court Judge Andrea L. Hertzfeld set aside a trial readiness hearing and trial date for a non-fatal shooting to administer a criminal responsibility examination on Feb. 12.
Bryant Russel, 47, is charged with aggravated assault knowingly while armed, possession of an unregistered firearm, possession of a firearm during a crime of violence, and unlawful possession of a firearm due to prior conviction for his alleged involvement in a non-fatal shooting on the 100 block of U Street, NE on May 20, 2021.
According to court documents, the victim suffered a gunshot wound to the right arm.
Russel passed a mental competency on Dec. 2. If he passes the criminal responsibility exam, a new trial date will be set.
The canceled hearing comes after Russel rejected a plea deal extended by prosecution on Dec. 2. The terms were if Russel pleaded guilty to aggravated assault while armed, the prosecution wouldn’t bring any further charges against him, and his sentence would be capped within the bottom third of the sentencing guidelines.
Russel waived his right to independent DNA testing after hearing the biological evidence in this case including a mouth swab and swabs from a firearm and magazine. The prosecution has already done DNA testing in this case.
Parties are slated to reconvene on April 22.
