Judge Schedules Another Status Hearing for Non-fatal Shooting Defendant

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Defense attorney Brian McDaniel raised concerns Sept. 12 about his client’s mental health, prompting DC Superior Court Judge Lynn Leibovitz to reschedule another status hearing.

The 35-year-old defendant was indicted on 15 counts, including armed carjacking, possession of a firearm during a crime of violence, assault with a dangerous weapon, assault on a police officer while armed, attempted unarmed carjacking, unlawful possession of a firearm with a prior conviction, carrying a pistol without a license outside a home or business, unlawful discharge of a firearm, possession of an unregistered firearm and unlawful possession of ammunition after allegedly shooting a gun in February of 2021. The defendant was seen running down the 100 block of Ridge Road, SE firing his firearm towards police officers, according to court documents. After shooting towards the officers, the defendant got into a parked police vehicle where officers apprehended him.

McDaniel requested that the defendant be transferred from DC Jail to St. Elizabeth’s Hospital, DC psychiatric institution. McDaniel has been held on the matter for 20 months, and he is still concerned about his mental health.

He requested 45-days to allow more time to get another report from the defense’s independent doctor. 

McDaniel also requested the defendant’s release due to health issues. He said he believes the defendant’s history of substance abuse, the effects of COVID-19, and family health concerns should be enough for his client’s release.

Judge Leibovitz denied the defense’s request for release because probable cause was found during the case’s presentment hearing in 2021. 

The next hearing is scheduled for Oct. 24.