DC Superior Court Judge Danya Dayson declared a shooting defendant’s case mistrial on July 29.
Demann Shelton, 32, is charged with three counts of assault with intent to kill while armed, assault with significant bodily injury while armed, three counts of assault with a dangerous weapon, seven counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction.
The charges stem from an incident in which the suspect allegedly aimed a gun at a group of five people, then opened fire, injuring one victim, on Nov. 9, 2020, near the busy Columbia Heights Metro Station on the 3000 block of 14th Street, NW.
Shelton’s defense attorneys, Emma Mlyniec and Emily Sufrin, argued that surveillance video footage shared by the prosecution on July 16 should have been turned over months earlier, when the defense first requested available video. The footage purportedly showed that the Metropolitan Police Department (MPD) officer who testified he was looking at the defendant when the first shot was fired had actually been looking the other way.
As a result Judge Dayson told the jury the prosecution failed to disclose all the footage as was legally required. Additional footage submitted by the defense was admitted into evidence.
The jury deliberated for two days but could not come to a unanimous verdict. Judge Dayson then declared a mistrial and parties will reconvene to determine next steps.
Parties are slated to reconvene Aug. 4.
