DC Superior Court Judge Eric Glover released a non-fatal shooting defendant with strict conditions despite finding probable cause during a preliminary hearing on Aug. 19.
Akinde Akinseye, 43, a corrections officer at the DC Jail, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on Aug. 12 on the 1700 block of New York Avenue, NE. No injuries were sustained.
According to court documents, Akinseye was on his motorcycle when he allegedly fired multiple shots at the victim’s car. Akinseye reportedly turned himself in later the same day and told the Metropolitan Police Department (MPD) that he shot his firearm in fear for his life.
During the preliminary hearing, the prosecution called a MPD officer who spoke with the victim who said multiple shots were fired towards his car.
Defense attorney Brandon Burrell presented body-worn camera footage in which the victim told a different MPD officer only one shot was fired and then another officer asked again and the victim confirmed it was only one shot. The officer testified that he was not aware the victim said only one shot.
In the footage, the victim also admitted he tried to block the road so Akinseye could not drive through on his motorcycle and said, “Maybe that pissed him off.”
Burrell also asserted that when the victim was asked to give a description of Akinseye he said he had cornrow braids and no helmet. However, Burrell showed images of Akinseye wearing a helmet and bald.
Burrell also called Akinseye’s girlfriend as a witness who was driving behind him and obvserved the incident. She testified that the victim tried to crash into Akinseye and she began to pray. However, the witness could not confirm where Akinseye was in relation to the victim when he allegedly fired the shots.
The witness also stated Akinseye immediately called 911. There was additional footage of Akinseye in the police station explaining the incident.
The prosecution argued that this was a road rage incident that escalated into something very serious because Akinseye introduced a gun into the situation.
Burrell argued that Akinseye acted in self-defense because he tried to defend himself after the victim almost crashed into him multiple times. Burrell stated Akinseye believed his life was in danger so he fired at the car’s tires.
Judge Glover stated he understood how both sides believed they were the victim.
However, he found probable cause because Akinseye allegedly had a gun, felt road rage and shot in broad daylight, putting others in danger.
Burrell subsequently asked for Akinseye’s release since he works as a correction officer at the DC Jail, has family support, and a limited criminal history that only relates to traffic matters. Burrell also emphasized that Akinseye took responsibility by calling 911 after the incident and turning himself in.
Even though the prosecution was opposed, Judge Glover granted his release with a stay-away order from the victim and 24-hour home confinement.
Judge Glover emphasized that these conditions are not suggestions nor recommendations because the charges against him are very serious.
The judge made it very clear to Akinseye, “if you do not comply with these conditions you will be back in that jumpsuit.”
Parties are slated to reconvene on Oct. 1.
