DC Superior Court Judge Jennifer Di Toro denied a motion to dismiss a non-fatal shooting defendant’s case on April 14.
Darius Thomas, 33, is charged with carrying a pistol without a license outside of a home or business, unlawful possession of a firearm with a prior conviction, possession of an unregistered firearm and unlawful possession of ammunition. These charges stem from his alleged involvement in a non-fatal shooting that occurred on the 500 block of Indiana Avenue, NW on March 25, 2024. No injuries were reported.
During the hearing, Judge Di Toro stated that Thomas’ attorney, John Machado, made an oral motion on March 11 to dismiss the case under Benson v. United States, a DC Court of Appeals decision that legalized firearm magazines that hold over ten rounds.
The prosecution stated that the gun Thomas possessed held less than ten rounds. According to Machado, it held exactly ten.
Judge Di Toro denied the motion to dismiss the case.
Machado then requested a stipulated trial, which means Machado and the prosecution would agree on facts and evidence beforehand, leading to a shorter trial. The prosecution stated they have prepared paperwork for a stipulated trial and were ready to proceed.
Parties are scheduled to reconvene on June 3.
