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By
Patrick Hillmeyer
- February 27, 2025
Court
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Daily Stories
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Non-Fatal Shooting
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Suspects
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DC Superior Court Judge Rainey Brandt granted a shooting defendant’s request for release following a jury mistrial on Feb. 25.
Daniel Cary, 28, is charged with two counts of assault with intent to kill while armed, two counts of assault with a dangerous weapon, aggravated assault knowingly while armed, threat to kidnap or injure a person, five counts of possession of a firearm during crime of violence, possession of an unregistered firearm, and unlawful possession of ammunition, for his alleged involvement in a non-fatal shooting that occurred on July 22, 2020 on the 4000 block of 1st Street, SE. The victim was shot once and suffered a collapsed lung.
Following Cary’s mistrial on Feb. 24, Alvin Thomas, Cary’s attorney, requested that Cary be given a second chance for released under supervision from the Pretrial Services Agency (PSA).
According to Judge Brandt, Cary was released on home confinement before DC Superior Court Judge Michael O’Keefe in April of 2024, which was then downgraded to GPS monitoring with special permissions granted for work. Cary immediately violated these conditions, by not charging the battery of his monitoring device, receiving a bench warrant for missing a hearing, and getting rearrested.
Thomas stated that Cary had experienced problems with the charging box of his device and that the bench warrant was the result of a mixup of dates. As for the rearrest, the case was an unauthorized use of a vehicle that has since been dismissed. Cary stated that he wants to work and will abide by all conditions set before him if given the opportunity.
The prosecution disputed the release request, citing Cary’s non-compliance with PSA and the fact that he “routinely played fast and loose with what was allowed.”
According to a representative from PSA, Cary was never compliant with pre-notifying the agency when he worked construction. The prosecution also stated that despite the mistrial, the evidence in the case was still strong and the offense significant.
After deliberations, Judge Brandt labeled this case, “a very tight call for the court.”
She stated that by statutory definition, Cary is a danger to the community, however, she is willing to take a chance on him. She also mentioned that Cary’s codefendant, Chantel Stewart, 33, had recently been found not guilty at trial for certain serious offenses, despite allegedly being a key instigator of the incident.
“I need you to understand that I’m serious. I don’t suffer fools … Don’t mistake me being nice and courteous with me not having a backbone, because it’s made of steel,” Judge Brandt warned Cary.
The prosecution was audibly surprised stating that Cary did not follow directions during his first release, insinuating he would follow that trend this time.
“I’m gonna give him enough rope if he wants to hang himself,” Judge Brandt told the prosecutor, before granting Cary release.
Cary’s conditions include GPS monitoring, amended housing situation, no contact with the victim, a stay away order from the scene of the crime as well as all of Southeast DC, in-person check-ins with PSA, and a curfew.
Parties are slated to reconvene Feb. 27.