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By
Ashley Fajardo Perez [former]
, Grace Nardei [former] - January 20, 2024
Daily Stories
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Non-Fatal Shooting
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On Jan. 18, DC Superior Court Judge Lynn Leibovitz denied two motions, presented by the defense for Charles A. Whitney, to remove endangerment with a firearm and destruction of property from his charges.
Whitney, 24, is charged with unlawful possession of a firearm, unlawful discharge of a firearm and destruction of property, among other charges, for his alleged involvement in a non-fatal shooting on the 1500 block of Birney Place, SE, which occurred on Oct. 10, 2023.
“He was acting recklessly at the time,” said Leibovitz, citing evidence that Whitney stood in a location and fired a gun in the direction of the victim’s apartment and damaged the property.
The prosecution called on the victim, whose property was destroyed. The witness stated they she was sleeping in her apartment when she awoke to the sound of a gunshot, which went through their apartment and damaged their window and several walls.
The witness was worried about getting shot following the incident, stating that she did not know whether the shooter was still outside her apartment.
The prosecution also called the police officer who detained Whitney following the shooting who made an in-court identification of the suspect.
Whitney’s defense attorney, Quiana Harris, argued that there was no evidence of Whitney possessing a gun when he was detained by a Metropolitan Police Department (MPD) officer.
The prosecution additionally called an evidence specialist who reviewed and documented the audio of the incident’s gunshots.
The defense claimed there could be an inaccuracy in the recording audio due to the location of the recording devices, and the possibility of two guns firing at the same time, suggesting the possibility of a second shooter.
As the proceeding concluded, Judge Leibovitz stated to the parties that the jury will likely find proof beyond a reasonable doubt that Whitney fired the bullet and damaged property.
The trial is set to continue Jan. 22.