A vehicular homicide defendant was released to a halfway house by DC Superior Court Judge Rainey Brandt on Aug. 3, after she found probable cause that the defendant committed involuntary manslaughter.
Shaneia Lincoln, 34, is charged with involuntary manslaughter for her alleged involvement in a fatal car crash that resulted in the death of a pedestrian, Dawn Ciccone, 61, at the intersection of 23rd and L Streets, NW on April 18.
After finding probable cause for the charge against Lincoln, Judge Brandt released Lincoln to a women’s halfway house.
Lincoln’s attorney, Diana Yu, requested Lincoln’s immediate release to her family.
The prosecution claimed there was “evidence of tampering with witnesses,” and “every indication that there was an immediate effort to hide,” by Lincoln.
According to prosecutors, Lincoln allegedly attended a family event after the crash. Her family was reportedly told what had happened and did not go to the police. To avoid issues with witness tampering going forward, the prosecution requested that Lincoln be held in jail until trial.
Ciccone’s husband spoke to the court, saying that his wife was “so full of health and life.” He did not request that Lincoln be held or released, saying “I don’t think it’s my place to say what should happen.”
Judge Brandt addressed Ciccone’s husband and said “I can’t imagine the grief, the pain.” The judge wiped her eyes with a tissue before thanking Ciccone’s husband. Judge Brandt noted that this is the first time in a long time that a family member “takes the microphone and does not spew venom.”
Addressing the evidence, Judge Brandt said that the prosecution did not meet the burden to hold Lincoln in jail. However, she expressed concern with releasing Lincoln to her family members, who allegedly do not “understand the seriousness of what this is.”
Instead, Judge Brandt released Lincoln to a halfway house for women in northeast DC, where she must stay away from potential witnesses, including her mother. Judge Brandt ordered Lincoln not to drive a car, imposed a curfew, and required Lincoln to wear a GPS ankle monitor.
Judge Brandt moved Lincoln’s case to her calendar from another judge’s. If Lincoln violates her release conditions, Judge Brandt said “I want to make sure she’s staring in the face of the judge who said ‘don’t do it.’”
Yu also argued that there was not sufficient evidence to support a probable cause finding. “Driving is inherently dangerous,” Yu said, every incident “involves a level of negligence.”
Yu argued that the facts pointed towards the charge of negligent homicide, which carries a lower sentence than involuntary manslaughter. She pointed towards several cases decided by the DC Court of Appeals in which a defendant was charged with negligent homicide after running a red light or being intoxicated.
Lincoln, Yu said, was not intoxicated, had a green light, was not speeding, and was not swerving.
Prosecutors argued that involuntary manslaughter was the correct charge. There was a “multiplication of risk,” they said. While Lincoln had a green light, she had allegedly been drinking the night before, was on her phone, and made a swift turn from a non-turn lane.
The prosecution read several traffic laws that Lincoln reportedly broke, arguing that the broken laws are further evidence of involuntary manslaughter.
Judge Brandt said that the evidence contains “disjointed pieces of a puzzle.” She noted several reasonable assumptions, including that Lincoln drove a car that did not belong to her, was on her phone during the incident, and turned into the intersection, “so wide she almost goes up on the curb.”
For those reasons, Brandt found probable cause for involuntary manslaughter.
Parties are slated to return to court on Oct. 2.
