Judge Holds 8 Defendants During Initial Hearings

By D.C. Witness Staff - September 2, 2020
Featured | Homicides | Suspects |

On Sept. 1, DC Superior Court Judge James Crowell released 20 defendants and held eight defendants in DC Jail during their initial hearings.

Judge Crowell held Marcel Gordon, 25, who is charged with first-degree murder while armed, for allegedly taking part in the shooting of 11-year-old Davon McNeal on July 4. The shooting occurred on the 1400 Block of Cedar Street, SE, at approximately 9:21 P.M. 

Gordon’s attorney asked Judge Crowell to not find probable cause, because the victim and Gordon were allegedly at the same family gathering with no animosity between the two.  Gordon’s attorney also argued against probable cause, citing the blurry black and white security camera footage as unreliable. 

The prosecutor argued that multiple witnesses who claimed they had seen Gordon was enough for Judge Crowell to find probable cause. He went on to explain that officers had been looking for Gordon for some time, even tracking him to New Jersey. Due to Gordon’s attempt to flee, his prior weapons history and the substantial amount of evidence against him, Judge Crowell chose to hold him in DC jail. 

Judge Crowell held Curtis Smith, who is charged with second-degree theft, possession of a prohibited weapon and possession of drug paraphernalia. The prosecution said Judge Crowell should hold Smith based on his extensive criminal history and failure to complete an address verification with the Pretrial Services Agency (PSA). Judge Crowell found probable cause, adding, Smith “is likely to violate a condition of release.”  

Judge Crowell held a 26-year-old defendant, who is charged with simple assault and a civil protection order (CPO) violation in a domestic violence case. The defendant is also charged with assault with a dangerous weapon, which was a gun, in another case. The prosecution said Judge Crowell should hold the defendant because there are no conditions that can possibly protect the victim.  

The defendant’s attorney asked for her client to be released under the high intensity supervision program (HISP), or home confinement with a stay away order. Judge Crowell referred to the eye-witness account of the offence as enough to find probable cause. Judge Crowell released the defendant in the domestic violence case but chose to hold him in the assault case due to the nature of the crime. 

Judge Crowell held Travis Dash, 38, who is charged with unauthorized use of a vehicle. At 6:48 p.m., on Aug. 23, the defendant allegedly left the scene of a traffic crash in a U-haul box truck. He was apprehended by Metropolitan Police Department (MPD) officers minutes after the collision. 

Judge Crowell held Dash due to his two outstanding bench warrants, a fugitive matter from March and a pending case in Montgomery County, Md. Judge Crowell also held Dash due to his failures to comply with release conditions in previous cases.

Marlon Bacote, charged with assault with a dangerous weapon (pistol) and possession of a firearm during a crime of violence or dangerous offense, was held by Judge Crowell. Bacote allegedly shot a victim multiple times in Union Station before being taken into police custody.

Bacote’s defense attorney asked Judge Crowell to not find probable cause since none of the eight witnesses had seen the shooting occur. The prosecution said there is video footage of Bacote discarding a firearm immediately after the shooting. Judge Crowell found probable cause and decided to hold Bacote, saying the allegation in the police report is “quite strong” and that he is a danger to the community.

Judge Crowell held Zachary Coleman who is charged with a bail violation and has two bench warrants for failing to appear at his hearings in August of 2019. The judge decided to release him in the bail case but held him on the bench warrants in order to ensure his appearance at his next hearings.

Haile Salaam is charged with GPS tampering for failing to charge his monitoring device. Judge Crowell released him in his new case, but he was held on a parole warrant.

Finally, Judge Crowell held Victor Dunlap, who is also charged with GPS tampering for failing to charge his monitoring device in another case. As with Salaam, Judge Crowell released Dunlap in his tampering case, but he was held in DC Jail due to a parole warrant.

Of those released, three defendants did not have charges filed against them by the prosecution and one was released on a citation to return to court at a later date.

Judge Crowell released three defendants charged in domestic violence cases. Two of the defendants were given no harassing, assaultive, threatening or stalking (HATS) orders, and one was given a stay-away order.

Four defendants charged with being fugitives from justice, where they are wanted in Maryland and Virginia for various charges, were released with orders to turn themselves in to the demanding jurisdictions within the next 24 hours.

Judge Crowell released five defendants charged with misdemeanors and one defendant charged in a traffic case for DUI. All of the misdemeanor defendants were given stay-away orders and the traffic defendant was ordered not to operate a vehicle at all due to his repeated DUIs.

One defendant, charged with carrying a pistol without a license, was released on GPS monitoring and ordered not to possess firearms or ammunition.

Two defendants, brought in on bench warrants for failing to appear at their hearings, were released with orders to return to court on Jan. 2, 2021.