Despite strong objections from the prosecution, DC Superior Court Judge Jason Park granted the defense request to delay a homicide trial on April 8.
Samuel Mack, 59, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, and possession of a large capacity ammunition feeding device. These charges stem from his alleged involvement in the fatal shooting of Erica Ward, 35, on Dec. 30, 2020 on the 4700 block of Benning Road, SE. Wood sustained a gunshot wound to her neck.
Due to the lack of availability of attorneys from the Public Defender Service (PDS), Dominique Winters, the Chief for the Trial Division at PDS, asked to delay the trial scheduled for Oct. 19.
The prosecution strongly opposed this request stating this is the, “fifth or sixth PDS attorney” involved in the case and it is not fair to the community that this case has been ongoing for so long. She also noted that when the incident occurred, Ward’s oldest child was 11, now they are 17.
Judge Park brought up that the defense was waiting for the results of DNA testing. One of Mack’s attorneys, Molly Bunke, said she spoke to the lab on Friday and the testing was still not complete.
The prosecutor argued that “DNA testing does not take this long” and accused the defense of stalling the process.
Judge Park said that a four-month wait for DNA testing is not unheard of and while he understood the prosecution’s position there “is another side of the story here.” He moved the trial date to May 10, 2027.
Parties are scheduled to reconvene for a status hearing on June 5.