A recently released defendant appeared before DC Superior Court Judge Jennifer Di Toro on Dec. 1 for an offense uncovered before he could start probation.
Brandon McClanahan, 20, is charged with carrying a dangerous weapon outside of a home or business and unlawful discharge of a firearm for his alleged involvement in an accidental shooting that occurred Nov. 24, 2024 on the 3000 block of 30th Street, SE. McClanahan himself was the only victim in the incident.
Just last week, Judge Di Toro adjudicated a separate case, where McClanahan was convicted of carrying a pistol outside of a home or business, unlawful possession of a firearm, and unlawful possession of ammunition in relation to an incident that occurred Sept. 6, 2024. He received three years of supervised release for probation with the Youth Rehabilitation Act (YRA). The YRA allows a young defendant’s conviction to be sealed if they successfully complete all sentencing requirements.
He was in the process of leaving the jail to begin his probation when a warrant from January related to the accidental shooting was flagged and he was held. He has not yet started his probation.
The prosecution argued to continue holding McClanahan in this shooting, due to his conduct and his history of firearm offenses. However, defense attorney Anthony Cade argued that his criminal history has not changed since the case the judge already granted probation under the youth act.
Cade also claimed the accidental shooting had slipped between the cracks of the system. He said the shooting happened during the process of the initial case and would have been resolved if the court had realized it was outstanding. He protested punishing McClanahan for the court’s mistake.
“I want to give you that chance,” Judge Di Toro said to McClanahan, referring to his probation. “I’m really betting on you.”
She decided to release McClanahan on probation, but asked him to adhere to the rules to avoid further issues, especially now that there is another case. She reminded him that a hold could be invoked at any time.
“I’m going to trust you,” she said to him, due to getting to know each other during the last case.
Parties are slated to reconvene Jan. 8.
