DC Superior Court Judge Judith Pipe granted release for a teen carjacking defendant with gunshot wounds on March 27.
Kurt Downs, 17, is charged with armed carjacking and possession of a firearm during a crime of violence for his alleged involvement in an incident at the 2700 block of Marrion Barry Avenue, SE on March 8.
Downs is charged under Title 16, which allows prosecutors to try juveniles as adults for certain serious offenses.
According to court documents, Metropolitan Police Department (MPD) officers detained Downs after he allegedly matched a lookout description for an armed carjacking. While escorting him to the MPD station, officers said they noticed that Downs limping. Downs reportedly told the police that he recently suffered from gunshot wounds and needed to change his bandages.
At the hearing, Down’s attorney, Quiana Harris, told the court that she needed to step down from the case, for reasons discussed under seal. Instead, Gemma Stevens will represent Down’s going forward.
According to a motion filed by Harris, the Public Defender Service (PDS) represents another defendant in a case in which Downs is the victim. Therefore, Harris withdrew because of a PDS conflict of interests.
In the motion, Harris also mentioned the medical issues Downs was experiencing as a result of several gunshot wounds. Harris requested Down’s release at the hearing.
Judge Pipe said that she was concerned about the lack of medical attention that Downs could receive at the Youth Services Center (YSC) at the Department of Youth Rehabilitation Services (DYRS) for the metal rod in his leg.
The prosecutor said that Down’s injuries did not prevent him from allegedly stealing a victim’s car, so he does not see why it should be a concern now.
However, Judge Pipe was not convinced that the prosecution had strong enough evidence that tied Downs to the incident. The only person that identified Downs from the security footage was a detective who identified him based on his clothing, the prosecutor said.
Judge Pipe placed Downs on home confinement, with the exception of school, medical appointments, and hearings. Any violation of conditions would result in his detainment.
The prosecutor requested that Judge Pipe issue a stay-away order from the victim and the offense location, which was granted.
Judge Pipe noted that the case was improperly filed under Title 16 as an armed carjacking given the circumstances. If the prosecution does not file a proper complaint to a charge permissible under Title 16, Judge Pipe said that she will dismiss the case.
Parties are slated to reconvene on April 28.
