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By
D.C. Witness Staff
- July 14, 2020
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On July 14, a DC Superior Court judge denied a defendant’s release request after learning that he would be homeless if let out of jail.
Brian Lomax is charged with unlawful entry onto private property for allegedly entering a store from which he was barred on Dec. 29. The establishment is located on the 3000 block of 14th Street, NW. He was barred after numerous thefts from the store.
He was found incompetent to stand trial last February. However, Judge Steven Wellner declared him competent to stand trial during the July 14 hearing.
Lomax, who is currently being held at DC Jail, asked Judge Wellner to release him.
“I would like to be released on whatever conditions that you set forth, your Honor,” he said. “I have been incarcerated for a number of months, in St. Elizabeths and DC Jail. It’s already past July 4th.”
However, the defense had no options for housing or rehabilitation prepared for Lomax in the event of his release. The defendant’s closest relative is his grandmother.
Defense attorney Courtney Vaughan said his grandmother is unwilling to house him due to concerns that he was exposed to the COVID-19 virus while detained.
According to the prosecutor, a member of the defendant’s community would not feel safe if Lomax returned.
“I was a little surprised that we don’t have the support framework to put that [request] into action,” said Judge Wellner.
Judge Wellner said he would be willing to release Lomax if he has housing and rehabilitative options available.
The court scheduled another hearing so the defendant and his counsel have time to assemble options in the case that Lomax is released.
Lomax’s next hearing is scheduled for July 21.