Judge Denies Murder Defendant’s Motion to Dismiss Indictment

A DC Superior Court judge denied a murder defendant’s motion to dismiss his indictment.

Daryl Thompson , 30, is charged with of first-degree murder while armed, assault with intent to kill while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license outside of a home or business, obstructing justice and threat to kidnap or injure a person for allegedly shooting Edward Roberts Jr., 29, and Tyler McEachern, 23.

During a mental observation hearing Oct. 10, Thompson read an oral motion, arguing to dismiss his indictment. He said he had been unlawfully arrested, racially profiled, and had evidence of an alibi.

Thompson also said that he planned to file a civil suit. D.C. Witness could not verify whom Thompson planned to sue.

In response, the prosecution said there were other ways to address Thompson’s reasons for dismissing the indictment. According to the prosecutor, an alibi defense could be made at trial and unlawful arrest could be grounds for a motion to suppress evidence.

Thompson has also been undergoing mental evaluations at St. Elizabeth’s Hospital, DC’s psychiatric hospital, since July. Apparently, the judge received a report from St. Elizabeth’s that said Thompson is competent to stand trial.

Doctors at St. Elizabeth’s also recommended that Thompson be transferred to DC Jail due to unspecified behavioral problems. He was transferred to the jail on Oct. 10.

Thompson’s defense attorney, Dana Page, told Judge Craig Iscoe that she plans to challenge the competency finding.

The  hearing was continued to Oct. 25 to allow the defense time to prepare a challenge.