Defendant Waives Right to a Preliminary Hearing in Non-Fatal Shooting

By Ayoola Fadahunsi [former] - July 26, 2023
Daily Stories | Non-Fatal Shooting | Suspects | Victims |

On July 26, a defendant waived his right to a preliminary hearing before DC Superior Court Judge Renee Raymond to determine whether or not he was the perpetrator in a non-fatal shooting case.

Avon Burke, 51, is charged with assault with a dangerous weapon for his alleged involvement in a non-fatal shooting following a fight outside of a homeless shelter on July 9, on the 1300 block of New York Avenue, NE. 

According to court documents, what started as an altercation between two men escalated into a fight between two groups of Latino and Black men at the shelter. Concrete bricks were hurled and punches were thrown; then three or four gunshots were heard by witnesses. 

Two victims were wounded in the incident.

According to the Metropolitan Police Department (MPD), closed circuit TV (CCTV) video shows a victim attacked by multiple individuals throughout the incident. This unknown victim took part in two fights on the same night, with the second fight resulting in Burke’s allegedly firing a weapon.

The footage allegedly depicts Burke with a concealed weapon on his right side. Burke then supposedly points the handgun in the direction of the fight. Seconds later, smoke is seen from the gun barrel.

According to court documents, a special police officer working at the homeless shelter saw Burke holding a firearm after hearing multiple gunshots. 

Court documents further reveal that when Burke was interviewed by detectives, he identified himself in an image with a figure holding a gun. He allegedly stated he tried to shoot, but the gun did not fire, though he did hear a single shot.

During the proceeding, Burke waived his right to a preliminary hearing, confirming his decision in front of Judge Raymond. 

Waiving the right to a preliminary hearing means that Burke’s defense attorney will not have the opportunity to argue to the court that there is insufficient evidence to prove Burke’s involvement. 

A status hearing is slated for Aug. 9.