Parties discussed evidence that reportedly violated a shooting defendant’s constitutional rights before DC Superior Court Judge Michael Ryan on Oct. 10.
Anthony Goncalves, 53, is charged with assault with intent to kill while armed against a minor, aggravated assault knowingly while armed against a minor, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction. The charges stem from his alleged involvement in a non-fatal shooting on Nov. 29, 2023 on the 3900 block of Minnesota Avenue, NE. A 14-year-old boy sustained nine gunshot wounds.
At the status hearing, Goncalves’ attorney, James Brockway, informed Judge Ryan that the primary issue in the case was a defense motion to suppress evidence. Filed on Sept. 11, the motion requested evidence obtained as a result of electronic monitoring by Court Services and Offender Supervision Agency (CSOSA) be suppressed.
According to the defense motion, while Goncalves was on parole for a prior offense in November 2023, CSOSA ordered him to wear a GPS monitor without legal authority. Brockway claimed after the Metropolitan Police Department (MPD) received the GPS data from CSOSA, they designated Goncalves as a suspect in the case. MPD then reportedly used the GPS data as a basis to obtain a search warrant and collect additional evidence against Goncalves.
Brockway asserted the GPS monitoring by CSOSA violated Goncalves Fourth Amendment right against unreasonable searches and requested to exclude all evidence obtained as a result.
The prosecution requested more time to respond to the motion and indicated there might be an argument for some of the evidence to be admitted, despite it being illegally obtained.
Judge Ryan granted the prosecutor’s request and parties are scheduled to reconvene to discuss the issue on Nov. 21.
