Judge Allows Defendant’s Past Acts As Evidence in Domestic Violence Case

By Hope Hamerslough [former] - June 24, 2024
Court | Daily Stories | Domestic Violence | stabbing | Suspects |

After parties deliberated over a “prior bad acts” motion in a domestic violence case, DC Superior Court Judge Rainey Brandt allowed the defendant’s prior crimes to be submitted as evidence during a June 20 hearing. 

Devan Green, 30, is accused of assault with a dangerous weapon and assault with intent to kill while armed for his alleged involvement in a non-fatal stabbing that occurred on Sept. 19, 2023, on the 500 block of 58th Street, NE. According to court documents, an argument ensued between the victim and Green, during which she was stabbed 21 times resulting in injuries that sent her to the hospital. 

During Thursday’s hearing, the prosecution argued that Green’s previous assault convictions and allegations are relevant to this case because it does not show a propensity to violent behavior, but rather provides context to the defendant and victim’s relationship and serves as motive for his violent behavior in this incident. 

Lee A. Smith, the defense attorney for Green, countered that because Green sustained an injury during the altercation that his violent behavior was done in self defense. Smith claimed that providing the jury with his previous crimes will pose prejudicial to Green. 

After further consideration, Judge Brandt determined that previous evidence of aggressive conduct towards a person is relevant when there’s a claim of self defense. The court determined that any information provided to the jury is “not clean under any situation” and the court will take steps to minimize prejudice. 

Parties are slated to return July 19.