A stabbing defendant pleaded not guilty and asked the prosecution to share any body-camera footage from the incident in a hearing before DC Superior Court Judge Carmen McLean on Oct. 3.
Ovid Gabriel, 20, is charged with assault with significant bodily injury while armed, assault with a dangerous weapon, and the unlawful possession of contraband in a penal institution for his alleged involvement in a stabbing incident at the DC Jail on the 1900 block of D Street, SE that wounded one individual on March 28.
During the hearing, Gabriel pleaded not guilty to all charges and asserted his constitutional rights, including the right to a speedy trial.
Gabriel also requested that the prosecution comply with its Brady and Rule 16 obligations, which require the prosecution to disclose certain evidence to the defense, including any evidence that might be exculpatory, and share body-worn camera footage obtained from correctional officers, or take all reasonable steps to retrieve and disclose the footage.
In response, the prosecution maintained that it had disclosed all relevant and necessary case materials that it had. The prosecution also noted that it was concerned that the case was being unnecessarily prolonged as a result of the multiple Rule 16 request hearings.
Judge McLean agreed that the hearings were taking additional time, but that it was entirely appropriate for Gabriel to request Rule 16 and Brady compliance. She stated that the additional hearings were not unduly prolonging the case. The prosecution acknowledged the finding, but said it may have to withdraw a favorable plea offer it had previously extended if the hearings continued for much longer. The offer’s terms were not listed.
The defendant also asked to modify his detention, telling the court that he was shackled at all times. Stand-by attorney Raymond Jones argued that Gabriel was far from the most dangerous inmate in the jail and that the excessive shackling was unnecessary.
Judge McLean told Gabriel that it was “not [her] place” to get involved with the jail and that she did not have the power to change jail relief conditions.
Parties are slated to reconvene on Nov. 18.
