DC Superior Court Judge Rainey Brandt renewed an order for outpatient substance abuse treatment for a defendant on probation during an Oct. 10 hearing, despite continuously testing positive for alcohol and drug use.
On Feb. 23, 2022, William Johnson, 42, pleaded guilty to assault with intent to kill for his involvement in a stabbing incident on the 2700 block of Langston Place, SE, on Dec. 23, 2021.
He was sentenced to five-and-a-half years of imprisonment, with one-and-a-half of those years suspended, two years of probation and three years of supervised release.
During a hearing discussing his probation status on Oct. 10, a report from the Court Services and Offender Supervision Agency (CSOSA) showed that Johnson violated his probation multiple times due to testing positive for alcohol and drugs, including cocaine. As part of his probation, Johnson was ordered to participate in an out-patient substance abuse program that required abstinence.
A Correctional Safety Officer (CSO) from CSOSA who monitors Johnson’s case testified that Johnson was terminated from the program because of substance use and he would now have to restart the entire out-patient care process.
The CSO also explained that Johnson missed one of his appointments because he chose to report to his place of employment instead.
The prosecution, agreeing with the request of the CSO, asked that Judge Brandt require in-patient treatment, which would commit Johnson to an institution.
At the last hearing, the prosecution emphasized to Johnson that alcohol was prohibited, showing that he was in defiance of the court. The judge also condemned him for not attending his most recent appointment.
“Not coming to the appointment is the wrong choice,” the prosecution said. “Him having alcohol is what puts the community in danger.”
Defense attorney Wole Falodun said Johnson is not dangerous to the community because he has not incurred additional charges and continues to show up to his appointments and court hearings despite his alcohol usage.
“He is working; he is a plus to the community,” Falodun said. “With respect to the missed appointment, he had to choose between the appointment and his livelihood. He has got to feed himself.”
Falodun also argued that Johnson is diagnosed with substance addiction and that he is struggling with his condition. He argued that the court should not view the recovery process as linear.
As Judge Brandt began to deliver her ruling, Johnson began to cry. Judge Brandt comforted Johnson with words of encouragement.
“Lets not cry, I’m not going to, spoil alert, I’m not going to push you back,” Judge Brandt said, referring to in-patient treatment. “You have a big cheerleader in me.”
While she was sympathetic to Johnson’s addiction, Judge Brandt also made sure that this renewal of an out-patient order would be the last.
“But we are going to hit a wall where I’m not going to be able to not send you to in-patient treatment,” Judge Brandt said. “We are hitting the reset button but this is the last reset.”
Parties are slated to reconvene Nov. 21.
