DC Superior Court Judge Danya Dayson accepted a first-degree murder defendant’s waiver of his right to a preliminary hearing of the evidence on Feb. 20.
Javier Montgomery, 18, is charged with first-degree felony murder while armed for his alleged involvement in a fatal shooting of Jermaine Durbin, 18, at the 2300 block of Washington Place, NE on Oct. 3, 2025. Durbin died from one gunshot wound to his face.
According to court documents, a witness reported that Montgomery took Durbin’s backpack because it contained marijuana. Durbin followed him when Montogomery allegedly pulled out a gun and shot him.
Another witness reportedly told the Metropolitan Police Department (MPD) that Montgomery called a former partner and told them that he shot and killed someone. According to court documents Montgomery said something to the effect of “it was an accident, and it wasn’t supposed to happen.”
At the hearing, Montgomery waived his right to a preliminary hearing that would have determined whether probable cause existed for the charge against him. Judge Dayson questioned Montgomery to ensure that he knowingly and willingly waived his right.
Montgomery’s attorney, Carrie Weletz, submitted a medical alert to the court to request mental health treatment for her client, which Judge Dayson granted.
Parties are slated to reconvene on April 24.
