A stabbing defendant was denied release by DC Superior Court Judge Judith Pipe on April 7, after his attorney argued the prosecution failed to establish probable cause in the case.
Charles Proctor, 45, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that left an individual injured on Feb. 20 at the unit block of Danbury Street, SW. The victim sustained injuries to his upper right arm and the right side of his back.
In court, Destiny Fullwood-Singh, Proctor’s attorney, claimed the victim does not have a reliable memory. She called a defense team investigator who spoke with the victim about what happened.
According to the investigator, the victim stated that Proctor choked him with his bare hands prior to the stabbing. Fullwood-Singh stated that this information was not relayed police.
The investigator also asked the victim whether he remembers allegedly spraying Proctor with an unknown substance, to which he replied he did not remember. Fullwood-Singh argued that Proctor had the jacket with the substance on it at the time of arrest, however it was not taken into evidence.
“I thought there was gonna be some evidence here,” Judge Pipe stated. She stated that when she had agreed to reopen the preliminary hearing it was her understanding that Fullwood-Singh would argue for self-defense case, not contest probable cause.
Fullwood-Singh requested release on electronic monitoring for Proctor despite a murder conviction in 2004. She stated that since that prior conviction, Proctor has had no criminal contact, secured housing, secured multiple jobs, and fulfilled all of his conditions of release. She also highlighted the weakness of the prosecution’s case.
“I ask that you base your judgement on this new individual standing in front of you,” Proctor begged Judge Pipe.
Judge Pipe admitted that the evidence in this case isn’t particularly strong, however, she said it’s still good enough to prove probable cause, citing the victim’s multiple stab wounds. She stated that she takes repeat offenders in a crime of violence very seriously, denying the motion for release.
Parties are slated to reconvene May 30.
