Judge Denies Murder Defendant’s Motions, Maintains Substantial Probability Ruling

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A judge denied Oct. 17, two motions  a defense attorney filed to reopen a preliminary hearing and modify his client’s detention order.

Elhadji Babacar Ndiaye is charged with first-degree murder while armed for allegedly shooting 21-year-old Travis Deyvon Ruth on the 2700 block of Jasper Street, SE in January. According to court documents, Ruth was shot nine times with a majority of the wounds in his back.

DC Superior Court Judge Todd Edelman  said nothing that was mentioned in the motion to reopen the preliminary hearing could prove that his substantial probability finding was incorrect.

Judge Edelman also said that a witness identified Ndiaye as the shooter. Judge Edelman said the witness’s story was corroborated by another witness and surveillance footage.

Furthermore, Judge Edelman said there were no conditions of release that would ensure the safety of the community because Ndiaye had a prior history of not complying with supervision and also threatened people in the community.

Ndiaye is being held without bail.

Another felony status conference is scheduled on Nov. 14, which is the end of the nine-month period the prosecution has to secure an indictment.

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