DC Superior Court Judge Michael Ryan found probable cause a suspect had committed a shooting despite questions about a positive identification of the assailant. The ruling came during a June 23 hearing.
Daquan Baker, 26, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and two counts of possession of a firearm during a crime of violence. These charges stem from his alleged involvement in a non-fatal shooting on Jan. 25 on the 5300 block of B Street, SE. An individual sustained a gunshot wound to his upper left thigh.
According to court documents, Baker allegedly approached the victim, who washed cars, and inquired about the cost of washing Baker’s truck. The victim told Baker the price, Baker then allegedly became upset and walked away. Baker reportedly returned a few minutes later and shot the victim.
During the preliminary hearing, the Metropolitan Police Department (MPD) lead detective on Baker’s case said his investigation included interviews with the victim and an eyewitness.
The detective acknowledged that he interviewed the victim multiple times, during which the descriptions of the suspect varied significantly. He said in the first interview, the victim described the suspect as a skinny black male, about six-feet tall, with no facial hair and a bushy afro. However, in the second interview, the victim described the suspect as shorter with dreads and glasses. The detective admitted he never asked the victim to explain why his descriptions changed.
Baker’s attorney, Terrence Austin, asserted that these inconsistencies proved the description to be unreliable, and emphasized the police relied on this to justify Baker’s arrest.
Austin further argued that there was insufficient evidence to support probable cause for Baker’s charge of assault with intent to kill.
“There is no information or testimony that the [victim] was shot in any vital organs,” said Austin. Additionally, Austin noted the witness’ inability to provide specifics about the distance between the suspect and the victim during the shooting.
Austin also raised concerns over the detective’s professional record. He admitted to a pending civil lawsuit for harassment, as well as two cases in which DC Superior Court judges found his testimony lacked credibility.
“The lack of clarity from him [the detective], the lack of clarity from you, and then asking me to take judicial notice, [that the detective’s testimony is true]“ Judge Ryan said to the prosecution “…It all sounds a bit difficult to me.”
Judge Ryan acknowledged the defense’s argument regarding the charge of assault with attempt to kill lacking probable cause. However, he concluded there was probable cause in the case against Baker because the suspect was unprovoked and allegedly eft the victim helpless.
The next hearing is scheduled for Sept. 3
