The prosecution confirmed their intent to retry a 2016 stabbing case after the defendant’s conviction was overturned before DC Superior Court Judge Neal Kravitz on July 10.
Onzay Gibbs, 36, is charged with assault with intent to kill while armed and aggravated assault knowingly while armed, for his alleged involvement in a non-fatal stabbing that occurred on the 3300 block of 23rd Street, SE, on Sept. 15, 2016. The victim sustained multiple injuries to the face, neck, and body.
A jury convicted Gibbs in 2018, however the DC Court of Appeals ruled that the cellphone evidence used in the trial infringed on Gibbs’ constitutional rights. The conviction was vacated on April 23.
Due to a scheduling complication with the Federal Bureau of Prisons (BoP), Gibbs was not present at the hearing.
Gibbs’ attorney, Terrance Austin, explained that he was not in a position to waive Gibbs’ right to be present. Judge Kravitz suggested they reschedule.
Judge Kravitz also asked the prosecution if they were prepared to go on the record with their intent to retry the case. The prosecution asserted that they have a “viable case and intend to retry this matter,” even with the suppression of the cell phone evidence.
The judge issued a formal written order for Gibbs’ presence at the next hearing.
Parties are slated to reconvene on Sept. 11.
