A non-fatal shooting defendant represented himself in court during a hearing on Aug. 12 before DC Superior Court Judge Andrea Hertzfeld.
Rashid Shabazz, 36, pleaded guilty on Sept. 27, 2024, to unlawful discharge of a firearm and unlawful possession of a firearm with a prior conviction for his involvement in a non-fatal shooting that occurred on March 4, 2024, on the 5000 block of Banks Place, NE.
Shabazz filed a motion to withdraw his guilty plea on Feb. 27, but has refused to appear in court at least six times since then.
During the hearing, Shabazz appeared in person for the first time since Dec. 13, 2024. Shabazz asked to dismiss his defense attorney, Susan Borecki. Borecki is the third attorney to represent Shabazz in this case.
Borecki asked Judge Hertzfeld to be dismiss her from the case, saying she lacks a relationship with Shabazz, and that representing him was a “mistake.”
Shabazz insisted hat all attorneys work for the prosecution because they advised him to take a plea when he did not want to.
Judge Hertzfeld allowed Shabazz to represent himself in court but did not dismiss Borecki, highlighting Shabazz’s lack of training or experience practicing law. The judge warned Shabazz he may “fail” to represent himself and explained that after hearing his arguments she may deny his motion to withdraw his guilty plea and proceed to sentencing.
Shabazz then argued to withdraw his guilty plea. Shabazz began speaking about his poor treatment inside the DC jail, saying he is scared to be there and also of himself. “I’m gonna die in jail for real,” said Shabazz.
Judge Hertzfeld asked if Shabazz had any evidence he wished to disclose. Shabazz responded by saying he was being accused by the prosecution of owning a car at the time of the incident but he has “never had a car in his life.”
The prosecution said they are only accusing Shabazz of the charges filed, which are firearms related, and maintain their proffer of facts that he possessed one during the offense. Prosecutors said there was no mention of a car in the charges or facts of the case.
Prosecutors noted that Shabazz previously admitted to obtaining a firearm when reviewing the evidence.
Judge Hertzfeld denied Shabazz’s motion to withdraw his guilty plea and said his arguments did not supplement his motion or provide evidence that the plea deal was unfair or involuntary.
Judge Hertzfeld decided to proceed and warned Shabazz that if he fails to appear in court, his sentencing will be held without him present.
Parties are slated to reconvene on Aug. 25 for sentencing.
