DC Superior Court Judge Carmen McLean denied the defense’s request to dismiss a shooting case after claims the prosecution is making insufficient efforts to bring their witness to court on April 1.
Marquis Allen, 32, is charged with assault with a dangerous weapon, possession of firearm during crime of violence, threats to kidnap or injure a person, and unlawful possession of a firearm with a prior conviction greater than a year for his alleged involvement in a shooting that occurred on Aug. 19, 2025 at the 3500 block of East Capitol Street, SE.
During the hearing, the prosecution mentioned that their witness agreed to appear for the trial, but was not present in court.
Allen’s defense attorney, Shawn Sukumar, argued that the prosecution has been making insufficient efforts to bring the witness in and is not prepared for trial. Sukumar requested Judge McLean dismiss the case.
Judge McLean denied Sukumar’s request for dismissal and said that the prosecution is making reasonable efforts to communicate with the witness. The judge cited text messages where the witness stated that she would come into court and that she received the subpoena through an email.
Judge McLean told the parties that the US Marshals will try to find the witness and bring her in court to testify. The prosecutors notified their intent to submit a material witness form, a warrant for the arrest of a witness to secure their testimony, which Judge McLean said she will approve.
Parties are set to reconvene on April 2.
