Homeless Defendant Enters Plea Agreement

By D.C. Witness Staff - August 11, 2020
Court | Daily Stories | Homicides | Suspects | Victims |

On Aug. 11, a defendant pleaded guilty to simple assault and bail violation

As part of a plea agreement with the prosecution, Nicholas Clemons’ other charges of possession of a prohibited weapon, threats to do bodily harm and possession of a controlled substance were dropped. 

A Pretrial Services Agency (PSA) officer said Clemons, 23, was not in compliance with his curfew and GPS monitoring. The officer also said he has been a loss of contact since July 29.

Defense attorney Edward Joseph said the violations were a result of his housing situation. 

Joseph said the defendant had been living with his friend and his friend’s relative. His noncompliance began when the Covid-19 pandemic postponed his court hearings, making the relative no longer view him as a temporary guest. 

Since he did not pay rent, she would not let him charge his GPS monitor and made him get cigarettes for her in the middle of the night, despite his curfew.

Clemons moved in with a different friend in Maryland and returned to compliance. However, he was evicted within a week, making him homeless.

Joseph said his client is unable to get a job because of the GPS monitor. 

“Nobody wants to trust him,” he said. 

Judge Robert Okun removed the defendant from the High Intensity Supervision Program (HISP) due to his lack of stable housing.

“Usually you don’t get rewarded for violating the conditions of release,” said Judge Okun. 

According to court documents, on Sept. 10, 2019, Clemons swung at an employee for touching his food on the 900 block of U Street, NW. The defendant missed and began a verbal altercation with the victim. He then took out a knife and said, “I’ll punish you. I’m going to get some guys to jump you.”

Later that night, he returned to the location with a group of people and stood outside of the business.

Upon his arrest, a Metropolitan Police Department (MPD) officer found a white powdered substance in a bag that tested positive for cocaine, documents state.

The defendant also failed to appear to a court hearing on Oct. 24, 2019. 

Clemons is scheduled to be sentenced on Aug. 14.