DC Superior Court Judge Heide Herrmann denied a non-fatal shooting defendant’s request for release after he waived his right to a preliminary hearing on June 18.
Herbert Bender, 31, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting on the 1300 block of Columbia Road, NW on June 6.
According to court documents, an individual exited a dark-colored SUV then reportedly fired several gunshots into a parking lot. Surveillance footage shows Bender exiting a building attached to the parking lot, and firing several gunshots into the south alley. One individual sustained injuries.
Bender’s defense attorney, Sean McCliggott, informed the court of Bender’s intent to waive his right to a preliminary hearing and requested Bender’s release. McCliggot argued Bender did not shoot first but acted in response to someone shooting at him.
The prosecution argued Bender’s release would not be safe for the community because the crime occurred in daylight near pedestrians. The prosecutor also noted that this is not Bender’s first criminal offense because he was convicted for assault with intent to commit robbery while armed in 2011.
Judge Herrmann denied Bender’s request for release due to his prior criminal history and nature of the offense.
Parties are slated to reconvene June 25.
