DC Superior Court Judge Danya Dayson deferred a ruling on a defense motion to dismiss an indictment during a status hearing on May 1.
Andrew A. Black, 53, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, assault with a dangerous weapon, three counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition. The charges stem from his alleged involvement in a non-fatal shooting on Sept. 9, 2023, on the 4600 block of Connecticut Avenue, NW.
According to court documents, a victim was shot in the abdomen and required multiple surgeries, including the removal of his gallbladder, spleen, and parts of his pancreas and intestines.
Darryl Daniels, Black’s former defense attorney, filed a motion to dismiss the indictment on June 16, 2025. The request asserts that the court lacks jurisdiction because the indictment fails to state an offense and is unconstitutionally vague. Daniels argued that the indictment is “multiplicitous,” specifically claiming the prosecution improperly charged three separate assault-based offenses for the same act.
The defense further contended that the District of Columbia’s assault statute is void for vagueness and that the prosecution unconstitutionally stacked multiple sentencing enhancements.
The prosecution responded on Oct. 21, 2025. Judge Dayson noted during the May 1 hearing that while she has reviewed the motion and is prepared to rule, the morning schedule was “a little bit heavy” to deliver the lengthy findings.
Stephen LoGerfo, Black’s current defense attorney, agreed to defer the ruling to the next hearing, noting that the defense plans to file additional motions. Judge Dayson indicated the ruling would not disrupt progress toward the Aug. 28 trial readiness date.
The prosecutor expects to meet the May 12 deadline for notice of experts expected to testify. When asked if the prosecution would meet the date, they said, “at this time? We do. Your honor.”
Parties are slated to reconvene on Aug. 28.
