DC Superior Court Judge Dorsey Jones found probable cause in a shooting case after a detective testified during a preliminary hearing on April 6.
Jovan Pratt, 46, is charged with substantial risk of endangerment with a firearm and carrying a pistol without a license outside a home or business for his alleged involvement in a shooting on the 400 block of 51st Street, SE on March 28.
During the preliminary hearing, the prosecution called a detective from the Metropolitan Police Department (MPD) to testify, and he identified Pratt in open court.
The detective testified that three shots were registered on ShotSpotter, a software used to detect and collect sounds of gunshots in DC, before receiving a call for a shooting victim. When officers arrived at the scene, they found Pratt with a gunshot wound to his inner left thigh. Pratt was uncooperative, refusing to provide identifying information before being transported to the hospital, said the detective.
After reviewing surveillance footage, the detective testified that Pratt likely had a firearm, having been seen holding an “L-shaped” object in the footage.
The detective stated that a muzzle flash could be seen in the footage, the timestamp matching the second ShotSpotter activation. The detective also noted that gunshots and the sounds of someone loading a firearm was heard from residential doorbell footage. He pointed out footage of Pratt appearing to load a firearm and point it was consistent with the third ShotSpotter activation and that officers found two spent casings and six unspent rounds in the location of the shooting.
During cross-examination, Pratt’s attorney, Karen Minor, requested officers’ body-worn footage from the scene, the detective’s interview with Pratt at the cellblock, and the radio runs. The detective testified that he was unsure of the caliber of the casings and the firearm, stating officers were unable to locate a weapon.
Minor confirmed that the detective was aware of gun violence in the area and emphasized that the casings and unspent rounds could’ve come from anywhere.
The prosecution argued for probable cause based on the testimony of the MPD detective. They said that a person identified as Pratt is seen on the surveillance footage holding an object consistent with a firearm and subsequent flashes. Pratt has prior convictions for robbery and therefore is not legally allowed to carry or own a firearm. They also stated that Pratt would’ve known he wasn’t allowed to possess a firearm given his prior conviction.
The defense argued against probable cause, citing that there is not enough evidence for either charge. The detective said the object that Pratt was holding looked like a firearm in the video, but Minor argued it was not because the “barrel” was not longer than 12 inches. Additionally, the suspect’s face isn’t clearly identifiable in the surveillance footage. Minor emphasized that there was no gun found at the scene or taken off Pratt at the hospital. She also added there was no proof of projectile discharge.
Judge Dorsey found probable cause for both charges. He stated that the conditions for carrying a pistol without a license were met because of the two spent casings being found, the detective’s testimony, and Pratt’s prior convictions. Judge Jones said the conditions for endangerment with a firearm were met because there was evidence Pratt allegedly fired the gun on a public street.
The prosecution asked the judge to continue holding Pratt, stating he was on supervised release for a different case when the offense occurred and has a violent criminal history.
Minor requested release for Pratt. She argued that, although Pratt has criminal history, he only has two bench warrants, one of which is over 10 years old. She suggested Pratt could report two times a month to court and be on GPS electronic monitoring. She emphasized Pratt’s stability and commitment to following his release conditions.
Judge Jones stated that due to the weight of the evidence, there were no conditions he could impose that could guarantee the safety of the community. He maintained Pratt’s hold.
Parties are slated to reconvene on April 23.