Judge Denies Motion for Continuance and Dismissal in Non-Fatal Shooting Case

By Sadie Herman [former] - December 21, 2023
Daily Stories | Shooting | Suspects |

On Dec. 21, DC Superior Court Judge Jason Park denied a defense motion to delay a trial and dismiss a case altogether in a non-fatal shooting.

Travone Henderson, 20, is charged with unlawful discharge of a firearm, and carrying a pistol without a license, for his alleged involvement in discharging a firearm on the 2400 block of Shannon Place, SE on May 3, 2022. No injuries were reported from the incident. 

According to court documents, officers responded after hearing several gunshots, and then observing a man discharge a firearm several times while running. 

The court began by addressing the defense’s motion for continue the trial at a later date.

Henderson’s defense attorney, Varsha Govindaraju, informed the court that they are requesting a continuation due to another shooting case that Henderson incurred leading up to this trial. 

The charges in the new case include assault with a dangerous weapon and possession of a firearm during a crime of violence. The defense explained a postponement could resolve both cases, if given more time to negotiate plea deals.

The prosecution opposed the motion for continuance, explaining that they are highly doubtful the cases will resolve, and that the trial should continue as planned.

Judge Park denied the motion for continuance.

Govindaraju argued that the current case should be dismissed due to the prosecution’s failure to preserve potentially exculpatory evidence. 

According to a filing by Govindaraju, the suspect took off an orange sweatshirt while running, and discarded it. After later reviewing body camera footage, the defense discovered two orange sweatshirts were found near the scene, but the prosecution only preserved one.

The defense argues this evidence could have indicated that a second individual was present at the scene, which raises questions about the identity of the shooter, and the validity of Henderson’s arrest. 

Govindaraju argued that the prosecution had an obligation to preserve this evidence, as it was found in the flight path of the suspect, and could have been crucial. 

Judge Park said the importance of the evidence was minimal, due to the age of the item and that it appeared to be on the street for a long amount of time. He further argued that the evidence isn’t significant enough to be a basis for a dismissal of the case. 

The parties are set to reconvene on Jan. 3.