DC Superior Court Judge Neal Kravitz denied the defense’s request on March 5 to transfer a shooting case from adult to juvenile court after the case was dismissed for lack of probable cause.
A 17-year-old juvenile defendant was originally charged with assault with intent to murder while armed, assault with intent to kill while armed, and two counts of possession of a firearm during a crime of violence in connection to his alleged involvement in a shooting at Union Station at the unit block of Massachusetts Avenue, NE on Feb. 6. There was one victim, a juvenile, who sustained a gunshot wound to his ankle.
The defendant was originally charged under Title 16, which allows juveniles to be tried as adults for certain serious offenses.
According to court documents, a witness reported seeing a large group of individuals engaging in an argument. At some point in the argument, a member backed out of the group, pulled a black firearm from his waistband, and fired three rounds.
Two individuals from the group were reportedly seen fleeing and hid behind planters by the sidewalk, one was allegedly the defendant. When the two individuals were detained by police, the defendant allegedly told a detective that he simply heard gunshots and ran.
At the preliminary hearing on March 2, the defendant’s attorney, Terrence Austin, argued his client acted in self-defense after the victim punched him twice in the head.
In court, Austin requested the case be transferred from adult to juvenile court. Judge Kravitz failed to find probable cause for assault with intent to murder and dismissed the case without prejudice in that hearing meaning the prosecution could refile if new evidence arises.
The prosecution objected to Austin’s request then spoke to Judge Kravitz under the husher without the defense.
Judge Kravitz denied Austin’s motion after a confidential conversation with prosecutors. Additionally, Judge Kravitz said he would not transfer the case without a request from the Office of the Attorney General (OAG) which handles most juvenile cases.
Since the case was dismissed without prejudice, Judge Kravitz’s denial of Austin’s motion means the defendant can be tried as an adult if prosecutors refile the case.
After Judge Kravitz’s decision, Austin requested the prosecution cease their search and seizure of the defendant’s cell phone and return the device to him since the case was dismissed.
The prosecution argued the cell phone seizure and case dismissal are separate events and should not be conflated.
Judge Kravitz instructed the prosecution to pause their search of the defendant’s phone until Austin could file a motion regarding the cell phone seizure.
No further dates were set as of March 5.
