‘Bullets That Go Up Come Down,’ Says Judge Denying Suspect’s Release

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A non-fatal shooting defendant waived his right to a preliminary hearing before DC Superior Court Judge Eric Glover on April 9.

Terry McNeal, 44, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on Feb. 25, 2024 on the 4000 block of H Street, SE. No injuries were reported. 

McNeal, according to court documents, followed the victim in his car and then fired two to three gunshots in the air while at a stop sign. When the victim fled in his vehicle, McNeal pursued and allegedly fired additional shots indiscriminately. 

McNeal’s attorney, Matthew Davies, presented Judge Glover with a signed form waiving his right to a preliminary hearing. 

Davies requested the court consider McNeal’s release as he is a “law-abiding citizen,” who works two jobs, and is licensed as a special police officer. The incident happened a year ago, and McNeal has had no infractions since, according to Davies.

Davies additionally argued that although the prosecution is charging McNeal with assault with a dangerous weapon, nobody was injured, so it should really be classed as an assault by threat.

The prosecution argued against release, citing Shot Spotter evidence of four rounds, cell site location evidence and Motor Vehicle Administration records which show that the defendant has a vehicle said to match the one described by the victim.

Judge Glover said that although the shots were allegedly fired up in the air, “bullets that go up come down,” and there is an inherent danger in discharging a firearm in a major city.

Judge Glover ruled the action was extremely dangerous and there are no release conditions or combination of conditions that could ensure the safety of the community. Judge Glover additionally denied the defense’s request for 24 hour home confinement.

Parties are slated to reconvene April 15.