DC Superior Court Judge Heide Hermann denied release for a defendant in a shooting case on July 14 despite both parties acknowledging that there was no evidence he fired shots.
Jobriel Cooper, 26, is charged with carrying a pistol without a license for his alleged involvement in a shooting on July 9 at the 1900 block of Savannah Terrace, SE.
According to court documents, officers reportedly found Cooper with a black handgun and an apparent gunshot wound to his abdomen. At the scene, officers arrested Cooper and another suspect, 26-year-old Khalil Gibbs.
Gibbs is charged in a misdemeanor case with possession of an unregistered firearm and unlawful possession of ammunition for his alleged involvement in the same incident. However, Gibbs was not present at the hearing and the prosecution said they were unaware of a pending case against Gibbs.
Court documents also state that a victim sustained two gunshot wounds to her legs and her right shoulder during the incident.
After Cooper waived his right to a preliminary hearing, his attorney, Joseph Fay, asked for his release and said he would follow GPS monitoring. Fay cited that Cooper sought better medical treatment for his gunshot injuries than the treatment provided by the DC Jail.
Fay clarified that despite evidence of gunfire at the scene, it was neither from Cooper nor Gibbs.
The prosecution pushed for Cooper’s continued hold, but agreed with the defense that there is no evidence that the defendant discharged the firearm. They cited the violent nature of the case, and that although the defendant may not have discharged a firearm, there were reported gunshots at the scene.
The prosecutor described how officers followed a blood trail at the scene, from outside into the apartment, where they reportedly found Gibbs with four juveniles in a building complex.
The prosecutor argued the weight of evidence in the case was strong. CCTV footage also showed individuals reportedly identified by police as Cooper and Gibbs walking towards the apartment with guns.
Fay argued there is no way to tell if the footage of the suspects walking was before or after the shots were fired. He claimed that Cooper and Gibbs were on the other end of an ambush. However, Judge Hermann dismissed this claim because she said that there’s no possible way to determine who was the aggressor.
Judge Hermann expressed “concern” about the group of people with guns, and noted that Cooper was incapacitated after his gunshot wound and likely would not be able to make it inside the apartment without appearing noticeably wounded on the CCTV footage.
In response to Judge Herrman’s concerns, Fay’s argument was, “we don’t know how this unfolded.”
Judge Hermann questioned when Cooper was shot. She also said that “we have bullet holes inside a vehicle outside,” and argued that they didn’t know the timeline when the shots were fired.
“We don’t know time, this could’ve happened four hours before shooting,” Judge Hermann said.
The prosecutor clarified that Cooper is only charged with carrying a pistol without a license, and that the evidence for that charge is strong. While acknowledging this, Judge Hermann explained that the CCTV footage was important because temporary possession of a gun in the act of self-defense is legal.
Judge Hermann denied the defense’s requests for release, emphasizing that under the circumstances there are no conditions she could set that would reasonably assure the safety of the community.
Parties are slated to reconvene on Aug. 3.
