DC Superior Court Judge Errol Arthur denied a shooting defendant’s request for release during a hearing on Feb. 6.
Marvin Smith, 32, is charged with aggravated assault knowingly while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his alleged involvement in a shooting on the 2400 block of Elvans Road, SE on March 22, 2022. The incident left one victim with injuries to both legs.
During a trial readiness hearing, Smith’s attorney, Janai Reed, requested Judge Arthur release Smith. Reed noted that Smith was detained for more than 850 days, stating “I think it is enough.”
Reed claimed the prosecution will be unable to provide sufficient evidence to convict Smith, citing an updated story by the victim, who Reed claimed stated Smith was not the shooter.
The prosecution opposed Smith’s release and shared a video of the victim and a shooter, who they claimed was Smith. The video showed the shooter and the victim in an altercation before the shooter brandished a firearm and fired three shots at the victim, striking him.
The prosecution asserted there was strong evidence suggesting Smith committed the offense despite the victim’s statement. In addition to the evidence, prosecutors pointed to Smith’s two prior firearm convictions and the violent nature of the offense when opposing his release.
After observing the evidence and hearing the arguments, Judge Arthur denied Smith’s motion for release. Judge Arthur said that the severity of the charges and Smith’s criminal history compelled him to keep Smith detained.
“I don’t find that a release, at this point, is warranted,” he said.
The parties are scheduled to reconvene on March 12.
