On Aug. 18, the prosecution revoked their plea offer to a shooting defendant before DC Superior Court Judge Eric Glover.
Robert Toney, 42, is charged with endangerment with a firearm in a public place for his alleged involvement in a shooting that occurred on the 2400 block of Elvans Road SE on July 20.
According to court documents, Toney allegedly approached a fence line carrying a rifle and fired two rounds. There was no one injured in the incident.
During the hearing, the prosecution alerted defense attorney Gregg Baron their offer would be revoked if Toney did not waive his right to a preliminary hearing. The deal would have required Toney to plead guilty to unlawful possession of a firearm and in exchange, the prosecution would not indict him on other charges or enhancements.
In that light, Baron requested more time to look over the evidence and plea offer, noting that the prosecution provided the plea offer and discovery evidence less than 24 hours before the hearing. Baron said the short notice created legal and ethical issues.
However, the prosecution stated they would revoke the plea offer if Baron’s request for more time was granted.
Despite the plea offer’s being revoked, Baron’s continuance was granted by Judge Glover.
Parties are slated to reconvene on Aug. 28.
