Case Only has Probable Cause on Lesser Murder Charge, Judge Says

By D.C. Witness Staff - March 5, 2021
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

A DC Superior Court judge ruled that a homicide case only has enough evidence to go to trial on a lesser charge. She also decided to release the defendant into home confinement.

Samuel Mack, 54, was originally charged with first-degree murder while armed for allegedly shooting 35-year-old Erica Ward on the 4600 block of Benning Road, NE on Dec. 30, 2020.

Judge Danya Dayson decided that there is only enough evidence to bring him before a jury on charges of second-degree murder while armed, in part due to a lack of evidence of premeditation. 

During the March 4 proceedings, a Metropolitan Police Department (MPD) detective testified that the defendant said he shot Ward, but it was accidental. The detective also said an eye-witness contradicted the defendant’s statements and, although they did not see the shooting, heard the defendant threaten the victim just prior to the shooting.

According to court documents, the shooting happened during an argument between the defendant and victim.  The two had a son together.

The defendant said he was gathering his things, the gun included, to leave the apartment when he gestured towards the victim and the gun accidentally went off. The defendant said he did not know the chamber was loaded.

The prosecution said it was not believable that the defendant did not know the gun was loaded as he purchased it for his own protection, having felt threatened by the victim’s previous boyfriend. The prosecution also argued that bringing the loaded gun to the apartment showed intent on the defendant’s part.

Judge Dayson agreed that it was not credible to say the defendant did not know the gun was loaded. She also said that pointing the gun at the victim was evidence of “conscious disregard for extreme risk of death and or extreme bodily harm” and consistent with second-degree murder charges.

Judge Dayson also chose to release the defendant from DC Jail into home confinement. She finalized the release conditions during the March 5 hearing.  

The next hearing is scheduled for Aug. 22.

Alaina Provenza wrote this article.