Defense Challenges Detective’s Testimony in Shooting Case

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DC Superior Court Judge Robert Okun granted a shooting defendant’s request to postpone a preliminary hearing based on disputed evidence in a hearing on Sept. 10.

Ernest D’angelo Cleveland, 30, is charged with assault with intent to kill while armed for his alleged involvement in a shooting on the 600 block of 19 Street, NE, on Oct. 24, 2020, involving three victims. 

During the hearing, Madalyn Harvey, Cleveland’s attorney, objected to the now lead detective’s testifying because the original detective who had investigated the shooting is no longer available since she was dismissed from the Metropolitan Police Department (MPD) because of multiple driving under the influence convictions. 

The new detective testified he took over the case in March but has not had sufficient time to fully familiarize himself with the facts or continue investigating. 

Harvey twice objected to the detective’s testimony claiming that he had no knowledge of the incident, arguing he had done nothing for the investigation. The detective testified that he had not interviewed any witnesses, did not know who they were and adopted the prior detective’s affidavit as his testimony. 

The detective testified that MPD identified Cleveland as the shooter from DNA recovered from a hat that was found at the scene. According to the detective, the DNA in the hat likely matched Cleveland’s sample from another case. 

The detective added that Cleveland’s phone allegedly contained Google searches of shootings at the location and time of the incident. 

Meanwhile, Harvey questioned MPD’s alleged failure to investigate other leads, including three other potential suspects.

Harvey requested a delay in the preliminary hearing in order to review the cell phone extraction report that MPD acquired from Cleveland’s phone. 

Parties are slated to reconvene Oct. 25.