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Non-Fatal Shooting

‘I’m An Innocent Man,’ Shooting Defendant Claims Frustrated With Lawyer

A shooting defendant proclaimed his innocence and expressed frustration with his counsel in a hearing before DC Superior Court Judge Neal Kravitz on March 6.

Mario Kirksey, 36, is charged with assault with intent to kill while armed, assault with a dangerous weapon, assault with significant bodily injury while armed, three counts of possession of a firearm during a crime of violence, and unauthorized use of a vehicle. The charges stem from his alleged involvement in a non-fatal shooting that injured one victim on the 1300 block of Okie Street, NE on Feb. 28, 2024.

At the hearing, before parties addressed the matter of appointing new counsel for Kirksey, and he asked for the prosecution’s contact information and said, “I’m not being treated fairly.”

“I’m an innocent man, nobody’s fighting for my justice,” Kirksey said, frustrated by his belief that he did not have a defense attorney that would “fight for [him].” 

Kirksey’s newly appointed defense attorney, Kevin O’Sullivan, said he had only recently been notified of his appointment to this case, and would work to meet with Kirksey as soon as possible to get caught up.

Kirksey also said he did not want to delay the trial past the currently scheduled date of June 29, but Judge Kravitz told him that if he wanted new counsel, he would have to accept a delay. If Kirksey wanted to keep the current date, he would have to keep his current attorney, Terrence Austin, said Judge Kravitz. 

Kirksey reiterated his request for the prosecution’s contact information and said he wanted to write to them about what he’s experiencing. Judge Kravitz advised against this and suggested that Kirksey meet with O’Sullivan before deciding whether he wanted to reach out to the prosecution. The judge encouraged Kirksey to keep an “open mind” until he could meet with O’Sullivan.

Throughout the hearing, Kirksey spoke over Judge Kravitz about his frustrations, and had to be removed from the courtroom by US Marshals until he was willing to cooperate. Later O’Sullivan said on Kirksey’s behalf that he did not mean any harm, and that he was “just going through a lot.”

Judge Kravitz reiterated that Kirksey needed to make a decision about which counsel and which trial date he wanted, and said he expected an update on the matter by the next hearing.

Parties are scheduled to reconvene on March 17. 

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