DC Superior Court Judge Anthony Epstein allowed Gary Denny, a manslaughter suspect, to go on supervised release during a hearing on May 22.
Denny, 51, was originally charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 56-year-old Michael Evans on April 4, on the 600 block of 46th Place, SE.
However, on May 19, Judge Epstein said there was probable cause that Denny committed manslaughter, noting it was still “a very serious crime.”
Denny’s attorneys previously argued that he was acting in self-defense in that Evans allegedly attacked Denny a couple of days prior to the fatal shooting. In fact, they say, Denny was trying to get away from the encounter. Surveillance footage allegedly shows the pair struggling over a gun when Denny fired the fatal shots.
Given the circumstance, Judge Epstein allowed Denny to be released with a GPS monitor, even though the defendant had recently tested positive for PCP. As a condition of his release, Denny will have to enroll in a drug treatment program.
Meanwhile, arguing against release, the prosecutor read a collective victim impact statement from bereaved family members saying,” A loved one is dead because of a serious offender.”
Acknowledging that Denny faces a number of challenges, Judge Epstein said, “I hope it goes well for you; you’ve got a hard road ahead.”
Judge Epstein set a felony status conference in the case for Dec. 8 at 9:30 a.m.
