DC Superior Court Judge Errol Arthur granted prosecutors more time to issue an indictment against a carjacking defendant despite objections from the defense on Sept. 12.
Devon Rogers, 26, is charged with armed carjacking and a misdemeanor count of receiving stolen property for his alleged involvement in an incident on May 23 on the 800 block of 7th Street, NW.
According to court documents, multiple suspects removed two victims from their car and assaulted them by hitting them with guns. The suspects then stole their belongings and drove away in the car.
Prior to the hearing, prosecutors filed a motion to postpone the trial, which was scheduled to begin on Sept. 18 and requested a 45-day extension of the indictment deadline. Initial charges were filed against Rogers on May 24 and prosecutors failed to meet the 90-day indictment deadline on Aug. 22.
Gregg Baron, Rogers’ attorney, opposed the extension and requested that the case be dismissed, arguing that the prosecutor was not ready for trial and missed the deadline.
Judge Arthur denied Baron’s request for dismissal, granted the prosecution’s extension, and said there was good cause for the extension due to reasons discussed at the bench.
In addition, Judge Arthur granted Baron’s request to withdraw from the case due to personal reasons. Baron asked the judge to appoint Bryan Bookhard and noted Rogers spoke highly of him and that they had a past relationship.
Bookhard was present at the hearing and Judge Arthur asked if he would be ready for trial on Sept. 18. Bookhard responded, “I don’t even know the charges.” Judge Arthur then informed him of the extension and said, “It just flew right past you.”
In light of the delayed trial, Baron requested Rogers’ release to prevent him from “languishing in jail while what the [prosecutor] is doing plays out.” To support the release request, Baron noted Rogers has employment opportunities, is involved in DC Public Schools as a mentor and tutor for students, and has a place to stay if released.
Judge Arthur said he will consider arguments regarding Rogers’ release at the next hearing.
Parties are scheduled to reconvene on Sept. 18.
