‘I Am Scared About Him Dying,’ Attorney Says of Homicide Defendant 

By Maggie Rhoads [former] , Lourdes Camarillo [former] - July 2, 2024
Daily Stories | Homicides | stabbing | Suspects | Victims |

A discussion about a possible compassionate release for a mortally ill homicide defendant took place before DC Superior Court Judge Marisa Demeo on July 1.

Joseph Ballard, 60, is charged with first-degree murder while armed for his alleged involvement in the fatal stabbing of Monte Daniels, 33, on July 28, 2023, on the 1600 block of Benning Road, NE. 

According to court documents, Ballard allegedly stabbed Daniels once in the chest killing him over an argument about drugs.

In September, DC Superior Court Judge Rainey Brandt released Ballard on conditions he would receive treatment for his drug use. He was re-arrested due to his failure to appear in court, and multiple issues with drug testing. 

Ballard’s attorney, Dominique Winters, said Ballard was diagnosed with metastatic lung cancer and heart failure. She told Judge Demeo he is currently receiving advanced care at a hospital, with his wife making most of his medical decisions. 

Winters requested his release on compassionate grounds because he is no longer a danger to the community or a flight risk.

Winters claimed Ballard now weighs 101 pounds and showed two pictures representing his emaciated condition. The first picture was an image of his arm, and the second picture was a full-body image, both taken from his hospital bed, in which he looked frail. 

“I am scared about him dying,” Winters said.

According to Winters, it is difficult for Ballard to receive treatment because whenever he needs to be transferred to another hospital or removed from handcuffs, the D.C. Department of Corrections (DOC) must approve the move. Winters said this limits the medical decisions Ballard’s wife can make.

She said Ballard has a tube inserted into his left lung, which is no longer functioning because of excess fluid, and his doctors have requested he begin occupational and physical therapy. 

Winters said Ballard has not begun occupational and physical therapy despite the recommendation being made a month ago, citing the DOC’s restrictions.

Winters concluded Ballard’s being in custody is “complicating” his treatment plan and accelerating his “deterioration.”

An official, who represented the DOC, said Ballard discharged himself against medical advice. Without a proper discharge, the DOC can’t develop a reliable care plan.

“Discharge paperwork is the blueprint for care,” the witness said.

Meanwhile, the DOC does not have a hospice care plan for patients likevBallard. 

A member of the Daniels family was present on Webex video, and said the defendant needs to be held accountable for his actions. The family member also said he once was very ill like Ballard and with proper treatment he was brought back to health. 

Judge Demeo called this hearing “dire” and requested testimony from medical professionals aiding Ballard take place as soon as possible.

Parties are set to reconvene July 3.