The defense questioned the legality of a shooting defendant’s arrest as well as the evidence gathered in a May 30 hearing.
Daquawn Lubin, 30, and Jonathan Young, 35 are accused for their alleged involvement in a non-fatal shooting that injured two people on July 24, 2023 on the 4000 block of Benning Road, SE. They are charged with conspiracy, two counts of assault with intent to kill while armed, and assault with significant bodily injury while armed.
Defense attorney Kevin O’Sullivan questioned both the probable cause for Lubin’s arrest and the legality of evidence obtained by the police. Lubin was arrested without a warrant four days after the shooting took place.
The seizure of Lubin’s cellphone was a key issue during the hearing. The prosecution argued it was lawfully obtained, while the defense argued that it was seized after Lubin’s arrest and searched by authorities without a warrant or probable cause.
The defense additionally filed a motion to suppress GPS data from Lubin’s car, which it says was obtained and searched by the police without a warrant and prior to his arrest as well.
The prosecutor said he wants to complete the pre-trisl hearing process and resolve outstanding defense motions.
DC Superior Court Judge Neal Kravitz stated there were “a lot of them,” and that he hopes the parties reach agreement before the next hearing scheduled for June 13.
