DC Superior Court Judge Danya Dayson denied a motion to dismiss a shooting case because of a potential evidence violation in a hearing on Sept. 26.
Ato Ocran, 46, is charged with assault with the intent to kill while armed, aggravated assault while armed, two counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, five counts of possession of an unregistered firearm, carrying a pistol without a license outside of a home or business, and destruction of property worth $1,000 or more for his alleged involvement in a non-fatal shooting on the 2600 block of 10th Street, NE on June 3. One individual was injured during the incident.
In the hearing, Kevann Gardner and Elizabeth Paige White, Ocran’s attorneys, filed a motion to dismiss the case, citing that police had failed to preserve the Jeep where the shooting had happened, which was a key piece of evidence.
To show that the Jeep was in police custody, White displayed video footage from police body cameras at the scene, which she argued depicted officers “exercising control” of the vehicle by not letting people near it, and by stating they were going to “hold on” to the Jeep.
The prosecution argued that a single officer making a comment about holding onto the Jeep was not sufficient to prove that the police were in control of the vehicle. The prosecutor also argued that the Jeep had not been physically towed into police custody because the police needed a warrant to search the vehicle.
White responded by stating that the Jeep did not have to be towed to be in police custody, and argued that officers didn’t need a search warrant because the Jeep was at the scene of the shooting.
According to White, this meant the police were in control of the Jeep, and their failure to preserve it was a violation of an evidence rule requiring the prosecution to disclose evidence favorable to the defense. The defense said the prosecution is legally obligated to disclose certain relevant information and evidence to the defense during the discovery process.
Judge Dayson ruled that the police did not exercise enough control over the Jeep for it to fall under police custody, stating that the “temporary sequestration” of the Jeep by police was insufficient.
She denied the motion to dismiss and told the defense that they could question the police investigation and could cross-examine any officers on it.
Parties are slated to reconvene on Sept. 29.
