Two defense motions that could influence the outcome of a non-fatal shooting case were granted by DC Superior Court Judge Neal Kravitz on July 23.
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.
Both motions, filed by Kevin O’Sullivan, Lubin’s attorney, asked for the exclusion of evidence and witness testimony.
The first motion involved Lubin’s supposed flight from detectives a few days after the shooting was granted with no argument from the prosecution. According to the motion, Lubin was not aware that he was a suspect for the July 24 shooting when detectives followed him in an unmarked car.
The detectives also did not approach Lubin at the time.
The other motion to strike witness opinion testimony was also granted. The defense claims the officers, who received the 911 phone call in response to the incident weren’t familiar enough with Lubin’s appearance to reliably identify him.
The defense supported the claim with surveillance footage that showed the “suspect’s appearance in the video is so hopelessly obscure”.
The prosecution is planning to call an expert witness to testify about cell site location and GPS data from the day of the shooting which has been subject to delay.
Parties are slated to reconvene on July 28.
