Judge Denies Defendant’s Motion for Release

By D.C. Witness Staff - July 14, 2020
Court | Daily Stories | Homicides | Suspects | Victims |

A DC Superior Court judge denied a defendant’s motion for release on July 9, questioning his ability to comply with release conditions. 

Erik Stewart is charged with assault with a dangerous weapon and unlawful possession of a firearm.

Judge Julie Becker raised some concerns about Stewart’s ability to stay away from DC while his son still resides there. She also said that she was in no position to release Stewart, but would feel disinclined to release him based on court documents describing the course of conduct between the victim and defendant.

According to court documents, Stewart has a history with the victim. The two have had multiple altercations, including before the defendant was arrested. Stewart allegedly assaulted the victim, causing him to get six stitches.

Defense attorney Janai Reed said she is not sure if her client understands the requirements of the plea offer, one of which being that he waives his right to a preliminary hearing. 

Reed said that, if released, Stewart could stay away from DC and reside with his mother in Virginia. She cited his employment before the arrest and lack of a lengthy criminal history.

The lawyer also said that, while Stewart has a son who resides in DC, he is taking action to bring his child to Virginia with him because the mother has mental health issues. 

The prosecution said that they have been over the terms of the plea offer before in front of Judge Judith Smith.

The prosecutor also requested that the matter be presented in front of Judge Smith again. The prosecutor said he could keep the plea offer open until the preliminary hearing.

Reed decided to wait to schedule a preliminary hearing until she has more time to discuss the full extent of the offer with Stewart.

Stewart is scheduled for another hearing on July 23, when Judge Smith will decide if Stewart can be released safely.