DC Superior Court Judge Jennifer Di Toro granted a non-fatal shooting defendant’s request for release on Oct. 15.
Cornell Smith, 22, is charged with aggravated assault knowingly while armed and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting. The incident occurred on the 2200 block of Minnesota Avenue, SE, on Aug. 16. One individual sustained injuries.
During the hearing Smith’s attorney, Sean McCliggott, made arguments for Smith’s release from custody. McCliggott noted that Smith’s clothing was different from that of the shooter’s as seen in CCTV footage.
He also argued that mere presence at the scene is not enough to hold Smith who he insisted is not one of the shooters.
Prosecutors argued that there were three people in the suspect vehicle and an hour passed between the time of the offense and when they were stopped. They stated a lot can happen in an hour. Prosecutors also noted that the CCTV footage is grainy and hard to see.
McCliggott claimed that when Smith was stopped by police he was compliant and wearing the same attire he had been the whole day and not facing 15 years for something he didn’t do.
The prosecution also brought up Smith’s criminal history as a reason for Smith to remain held. McCliggott stated that he doesn’t deny that Smith made mistakes as a young man, but that doesn’t mean he committed this crime.
Taking the arguments into consideration, Judge Di Toro ordered that Smith be released to 24 hour home confinement.
Parties are slated to reconvene on Oct. 21.
