Defense Files Motion to Release Assault Defendant from Home Confinement

By Aerial Lopez [former] - February 15, 2023
Daily Stories | Non-Fatal Shooting | Suspects |

During a Feb. 15 status hearing, defense attorney Joseph Yarbough moved for his client’s home confinement restrictions to be lifted.

Cedric Brockington, 17, is charged with two counts of assault with intent to commit/kill and one count of possession of a firearm during a crime of violence. 

The morning of Wednesday’s hearing, Attorney Yarbough filed a motion for reconsideration and modification to Brockington’s release conditions. During the hearing, the prosecution opposed the defense’s motion for release and said that, “the danger the defendant poses remains substantial.”

However, Yarbough said that DC Superior Court Judge Milton C. Lee did not find substantial probability against the defendant after the case’s preliminary hearing in Nov.ember 2022. Furthermore, according to Yarbough, the defendant is 17 and has never violated his confinement conditions. 

“[Brockington] hasn’t stepped out of line and should be in juvenile court,” he said. He enrolled in school online and has been doing it daily and doing it well. He’s proven he’ll do everything the court asks of him.”

Throughout the back-and-forth from the legal parties, the defendant maintained his calm composure and kept his glance straight ahead. His demeanor never faltered. 

DC Superior Court Judge Maribeth Raffinan said she needed time to review Judge Lee’s notes before she rules on the defense’s motion. Judge Raffinan told the defendant that his compliance and eagerness to complete high school is a “step in the right direction.”

If the motion is approved, Brockington will be transferred from home surveillance to community supervision.

The next status hearing is scheduled for March 2.