DC Superior Court Judge Robert Hildum granted the release of a stabbing defendant due to “unusual circumstances” after she waived her right to a preliminary hearing on Dec. 2.
Antoinette Smith. 31, is charged with assault with a dangerous weapon for her alleged involvement in a non-fatal stabbing that occurred on the 5600 block of 13th Street, NW on July 15. One individual sustained injuries.
Derrick Page, Smith’s attorney, alerted the court of Smith’s intent to waive her right to a preliminary hearing.
Page also argued for Smith’s release. He argued that Smith had no criminal history before 2025 and highlighted that she had been a lifelong resident of DC. Page also pointed out that Smith’s arrest occurred months after the alleged crime was committed.
The victim reportedly told officers that they would be unable to identify any of the suspects involved in the incident. Page argued that this inconsistency was significant, noting the victim’s uncertainty.
Page suggested that Smith could be placed under 24-hour home confinement, allowing her to maintain family responsibilities for her two children.
The prosecution contended that Smith should remain detained. They argued that the victim had positively identified Smith, and that all of Smith’s pending cases were assaultive in nature.
The judge, while acknowledging the prosecution’s concerns, ultimately ruled in favor of Smith’s release. He noted that Smith had shown compliance with legal procedures and expressed a clear intention to pursue mental health care. Judge Hildum also pointed out the delayed nature of the arrest warrant.
“These are strange circumstances,” the judge remarked, referring to the unusual timeline and the victim’s conflicting statements. He said he would have been more concerned about Smith’s situation had she not been actively pursuing treatment for her mental health, which he considered a positive step.
Smith will now be required to comply with conditions set forth by the Pretrial Services Agency(PSA), which include avoiding contact with the victim, and refraining from going near the crime location. The judge also noted that Smith had not committed any offenses since July.
Page emphasized that they were in the process of filing a motion to designate him as the primary attorney representing Smith in her various legal matters.
The parties are slated to reconvene on Dec. 16.