DC Superior Court Judge Neal Kravitz ruled on key motions that could determine the fate of two shooting defendants previously convicted of other crimes in a hearing on July 22.
Daquawn Lubin, 30, and Jonathan Young, 35, are charged with conspiracy, two counts of assault with intent to kill while armed, assault with significant bodily injury while armed, aggravated assault while armed, four counts of possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, and unlawful possession of a firearm with a prior crime of violence.
Lubin is also charged with possession of a prohibited weapon. These counts stem from their alleged involvement in a non-fatal shooting that injured two on the 4000 block of Benning Road, SE, on July 24, 2023.
During the hearing, Lubin’s attorney Kevin O’Sullivan moved to exclude testimony from a witness who is a car rental employee. He argued the information—that Lubin rented the vehicle—was not disputed and therefore irrelevant.
Prosecutors countered, saying the witness also identified Lubin in surveillance footage from the day of the shooting, which they said was crucial for establishing identity.
Judge Kravitz postponed a decision on the motion, citing the need to first address whether someone who didn’t witness the crime can reliably identify a suspect in surveillance footage, particularly when their prior interaction with the individual was brief. The rental employee had only met Lubin once, and wasn’t shown the footage until three weeks later.
O’Sullivan also moved to suppress information about children being in the area just before the shooting suggesting they were in danger at the time.
The prosecution did not object, clarifying the video was being used solely to establish the defendants’ intent to target the alleged victims. Judge Kravitz granted the defense motion.
Judge Kravitz also granted a motion that would exclude mention of the defendants’ previous conviction for unlawful possession of a firearm.
In an unusual circumstance, Judge Kravitz said if the jury finds the defendants’ guilty of the firearms charge, then he has the option of informing the jury of the previous convictions. If any of the jurors wanted to then consider a verdict on the more serious charge they could.
The hearing concluded with a motion to exclude expert testimony, which the defense argued was untimely.
The prosecution attempted to obtain reports on cell site data used to determine phone locations for the defendants but had not been able to get the information.
Judge Kravitz granted the defense motion but would reconsider if the reports are obtained and the prosecution files a new motion.
Parties are set to reconvene July 23.
