Homicide Defendant’s Motion for Due Process Release Continued

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On Nov. 9, the defense presented a motion to release the defendant in a 2020 homicide case. The request was continued by DC Superior Court Judge Maribeth Raffinan for time to review the request.

Deon Walters, 20, is charged with first-degree murder while armed, attempt to commit robbery while armed, possession of firearm during crime of violence, possession of firearm during crime of violence, and unlawful possession of a firearm, for his alleged involvement in the fatal shooting of 42-year-old Arthur Daniels IV on Oct. 1, 2020, on the 6000 block of 8th Street, NW.

Walters’ defense attorneys, Candace Mitchell and Sylvia Smith, filed a motion to release Walters on personal recognizance as they allege that his due process rights to a speedy trial have been violated.

They presented the so-called Barker Factor in their motion, which argues that “four factors [length of the delay, reason for the delay, prejudice to the defendant, and defendant’s assertion of the right to a speedy trial] must be balanced in determining whether the right to speedy trial has been violated,” which caused discussion among the parties since the defense did not specifically mention a dismissal in their motion.

The prosecution argued that Walters continues to pose a danger to the community, but they need to review the Barker Factors in this case.

Judge Raffinan agreed with the prosecution that the defense did not indicate “that they ask for dismissal under Barker” and the word “dismissal [was not] included but the Barker Factors were” in the motion regarding release.

The defense explained that the motion contains an “emphasis on release based on due process.”

Ultimately, Judge Raffinan concluded that the hearing will be continued until Nov. 13 to give the prosecution more time to fully brief the Barker Factors, in addition to allow both parties time to assert their arguments.

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