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By
Mia Kimm [former]
- April 28, 2024
Daily Stories
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Homicides
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stabbing
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Suspects
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Victims
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DC Superior Court Judge Rainey Brandt ordered the re-arrest of a homicide defendant on April 26 after multiple failures to show up to court and positive drug tests.
Joseph Ballard, 60, is charged with first degree murder while armed for his alleged involvement in the fatal stabbing of 33-year-old Monte Daniels on July 28, 2023 on the 1600 block of Benning Road, NE.
On Sept. 18, Judge Brandt released Ballard for drug treatment and warned him that if he violated any release conditions, he would be rearrested.
However, Ballard failed to appear in court, which prompted Judge Brandt to issue a bench warrant for his arrest on Jan. 18.
During the hearing, the prosecution requested Ballard’s re-arrest due to his failure to comply with his release conditions.
Ballard’s defense attorney, Pierce Suen, countered with a request for release on a GPS monitor. He said that Ballard has been doing well in the community and needs grief and trauma counseling to continue this positive progress.
“The charges are wildly out of character for him,” Suen said. “Ballard wants help and is committed to staying clean.”
A clinical expert said Ballard experienced symptoms of anxiety and depression while trying to maintain his sobriety. She said she believes longer treatment with different parameters would be effective.
The prosecution invited a relative of Daniels to deliver a victim impact statement.
“The defendant has shown his ability to fail at the opportunities given to him,” the family member said. “At some point, we all have to be held accountable for our actions.”
The prosecution said Ballard is not a good candidate for release due to his prior criminal history and the nature and circumstances of the crime.
Judge Brandt told Ballard that he is in clear violation of release conditions.
“The court gave you that opportunity on release, but you dropped the ball,” Judge Brandt said.
Judge Brandt said the prosecution has clear and convincing evidence that release is not appropriate, and she isn’t willing to risk the public’s safety or Ballard’s safety.
“Giving you freedom is what gets you in trouble,” Judge Brandt said. “Sometimes reality is the best medicine.”
Ballard was also arraigned during this hearing. He pleaded not guilty and asserted his right to a speedy trial.
Parties are expected to return to court on Sept. 15.