Defense Counsel Requests Release of Paralyzed Defendant

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On Oct. 26, a DC Superior Court judge continued a felony status conference for a defendant who has been indicted on 17 counts.

Darryl Smith Jr. is charged with conspiracy, first-degree burglary, possession of a firearm during a crime of violence, kidnapping while armed, robbery while armed, aggravated assault knowingly while armed, first-degree theft, felony credit card fraud and receiving stolen property. All of these are charged as offenses committed during release, besides an additional conspiracy charge. 

At the time he picked up these charges, Smith was on probation for unlawful possession of liquid PCP in a case that dates back to 2019.

Smith’s attorney, Kristin McGough, requested that her client be released from DC Jail. Smith turned himself in on Oct. 5 for an outstanding bench warrant and has been held since then. 

“He was in the midst of life-altering events and faced the stress of learning to live all over again,” said McGough. 

Smith was shot in the back in March of last year. After undergoing six surgeries, he is paralyzed from the waist down. Prior to being shot, he had been a loss of contact with the Pretrial Services Agency (PSA.)

“As soon as he was stabilized he turned himself in,” continued McGough. “But DC Jail is just not equipped to take care of him.”

McGough said that he is suffering from an infection and needs another surgery. She also learned from her client that DC Jail is not giving him the necessary medical supplies and care needed to treat his condition. 

“We are sorry for what he is going through,” said the prosecution. “But Mr. Smith was a loss of contact for 13 months before he turned himself in.”

According to the prosecutor, a release request will be opposed because Smith is a flight risk. Smith has also been a loss of contact in Maryland for his probation for a murder that occurred in 1988. 

Judge Julie Becker set a bond review hearing on Nov. 5 to address McGough’s request that her client be moved to 24-hour home confinement. 


Sierra Robbins wrote this article.