DC Superior Court Judge Jennifer Di Toro granted release from probation for a nonfatal shooting defendant on Feb. 26, despite prior positive drug tests for cocaine.
Horacio Daswell, 40, was charged with unlawful possession of a firearm with a prior conviction greater than one year for his involvement in a shooting that occurred at a McDonald’s on the 7400 block of Georgia Avenue, NW on Oct. 8, 2022. Daswell was the only one injured in the incident. He was sentenced to 18 months of confinement and one year probation.
In court, Judge Di Toro stated the hearing was called due to Daswell’s positive drug tests for cocaine and his failure to comply with regular substance abuse treatment evaluations.
A representative from the Court Services and Offender Supervision Agency (CSOSA), stated that since these infractions, Daswell has been in compliance with conditions of release and his drug tests have all resulted negative. He recommended that Daswell undergo outpatient treatment.
Daswell’s probation is set to expire Feb 27 but Judge Di Toro decided to discharge Daswell from his probation, not imposing further restrictions.
