DC Superior Court Judge Judith Pipe dismissed the case against an elderly stabbing defendant for lack of probable cause he committed the crime during preliminary hearing on Aug. 15.
Edward Smith, 87, was originally charged with assault with a dangerous weapon for his alleged involvement in a non-fatal stabbing that occurred on the 1800 block of Harvard Street, NW on Aug. 14.
According to court documents, the victim reportedly went to Smith’s apartment to buy cigarettes when a fight ensued and he allegedly stabbed the victim with a large kitchen knife.
During the preliminary hearing, the prosecution brought in a Metropolitan Police Department (MPD) officer who wrote the incident report as their witness. The prosecution asked the police officer how she identified Smith as a suspect and the officer responded by the victim’s statements.
The officer also said she was with the victim most of the night.
Defense attorney Elizabeth Weller asked the officer if she interacted with Smith at any point in order to identify him. The officer stated she did not but only knew Smith’s appearance based on what the victim described and from a photo that a detective showed her.
The officer stated that all she knew about the case what a detective told her during a debrief and statements from the victim.
Weller argued that there was no probable cause due to there not being any interaction between Smith and the officer in order for the officer to confirm an identification.
The prosecution argued that there was probable cause and alleged that during the fight between Smith and the victim, Smith was the only one with a weapon.
Judge Pipe found there was insufficient evidence and “no testimony before me” to demonstrate that Smith committed the stabbing as the basis for not finding probable cause.
With that, Judge Pipe dismissed the case and released Smith.
No further dates were set.
