DC Superior Court Judge Neal Kravitz denied a homicide defendant’s request for release pending a retrial during a hearing on May 29.
Jaime Macedo, 25, is charged with felony murder while armed, robbery while armed, and two counts of possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 25-year-old Maxwell Emerson on July 5, 2023 on the 600 block of Alumni Lane, NE.
On May 4, a jury convicted Macedo of unlawful possession of a firearm by a convict, but were unable to reach an unanimous verdict for all other charges. The prosecution alerted the court on May 29 that they plan to re-try the case on Jan. 4.
During the hearing, parties discussed Jessica Willis, Macedo’s attorney’s, request for release pending re-trial.
Through a motion filed on May 22, Willis requested Macedo be released to live with his mom and daughter. She further argued “the outcome of the trial indicated that the jury overwhelmingly credited Mr. Macedo’s testimony and doubted the strength of the government’s evidence.”
She further contended Macedo showed increased maturity during his incarceration, and provided a release plan that would facilitate connecting him with resources in the community.
In contrast, Emerson’s mother urged Judge Kravitz to consider Macedo’s documented violence and criminal history when deciding on release. She insisted he refuses to stay away from guns, store them safely, and comply with supervision requirements, which she asserted are meant to protect the public but have failed.
She further stated he had treatment opportunities, warnings, interventions, and the benefit of advocacy during his prior release on probation which was revoked six months before Emerson’s shooting. She stated probation officers requested the revocation. “Had that request been granted, our son might still be alive today,” Emerson’s mom stated.
“How much danger has to exist before it’s taken seriously,” she questioned.
“It’s obviously a case that could go either way,” Judge Kravitz stated regarding the re-trial.
“It is profound that the majority of the jury believed the government could not meet its burden,” Willis said, highlighting the nine-to-two split for acquittal of felony murder.
Judge Kravitz highlighted Macedo’s history, stating it was complex, but did not completely define Macedo. However, Judge Kravitz stated Macedo “has not proved himself to be reliable in the community, or to be able to conform his conduct to what the law requires.”
“This incident itself occurred while he was on probation in other cases,” Judge Kravitz continued, stating no combination of conditions could guarantee the community’s safety, and denied the request.
Parties are slated to reconvene Sept. 11.
