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Judge Won’t Release Defendant Accused of Probation Shooting

DC Superior Court Judge Todd Edelman denied release for a non-fatal shooting defendant, on June 30, after he waived his right to a preliminary hearing of the evidence against him.

Ervontae Lee, 19, is charged with assault with intent to kill while armed, assault with a dangerous weapon, possession of a firearm during a crime of violence, second-degree cruelty to children and unlawful possession of a firearm for his alleged involvement in a shooting that occurred on June 10 on the 600 block of Chesapeake Street, SE. No injuries were reported. 

According to court documents, Lee allegedly fired four-to-five rounds at a vehicle occupied by his cousin, his cousin’s husband and a non-verbal autistic four-year-old child. Court documents allege the shooting took place while the victims were trying to help Lee find a job. 

During the hearing, Lee waived his right to a preliminary hearing to determine if there were sufficient evidence he probably committed a crime. Judge Edelman confirmed with the defendant that he was aware of the right he was waving, notifying him that the case will be referred to the grand jury. 

The prosecution requested Judge Edelman order Lee’s continued detention, stating that there weren’t any conditions that would be suitable for Lee’s release. They highlighted that the incident occurred while he was on supervised probation for a robbery case that occurred in 2024. The prosecution said that Lee went back to his mother’s house after the shooting and hid the gun. They also revealed there was surveillance video evidence of the incident. 

Lee’s attorney, Wole Falodun, requested release given a lack of outstanding bench warrants and consistent school attendance. Falodun asked for Lee to be on GPS monitoring. During release, Lee would live with his mother or a different cousin, who was present at the hearing. He also stated that Lee would be willing to adhere to a curfew. 

Falodun argued that Lee had clean drug tests, but Judge Edelman found documentation that he tested positive for cocaine in the past 30 days. 

Judge Edelman denied his release, citing the severity of the incident. The judge emphasized that the shooting occurred in broad daylight, in a residential neighborhood, and was committed against relatives. 

“The reality is committing an offense more dangerous, violent, and serious than the one [Lee] was on probation for” does not ensure the safety of the community, Judge Edelman said. 

The prosecution also asked for a stay-away order from the three victims, which Judge Edelman granted. However, he did not grant a stay-away order from the location of the incident. 

Parties are slated to reconvene on Aug. 14 for a felony status conference.

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