Judge Denies Probable Cause, Releases Defendant

By D.C. Witness Staff - August 7, 2020
Court | Daily Stories | Homicides | Suspects | Victims |

On Aug. 6, a DC Superior Court judge denied probable cause in a domestic violence case.

“Probable cause is an extremely low standard, but it still requires some level of proof,” said Judge Judith Pipe.

The defendant was charged with simple assault, attempted threats to do bodily harm, obstructing justice and contempt. 

Defense attorney Kristin McGough described the Metropolitan Police Department (MPD) report as “laziness, not an investigation.”

The officer who wrote the report said a victim approached him, saying that her significant other pulled her hair and took her phone during a fight.

Based on the victim’s allegations, the officer said he called for back up to arrest the man of a “confirmed domestic violence case.” At this point, he had not seen or attempted to talk to the defendant.

Body Worn Camera (BWC) footage revealed that when the officer arrived, the defendant was wearing different clothes than the victim described. This, as well as the fact his demeanor was different than what the victim described, was not included in the report. 

The officer also failed to include the defendant’s statement that the victim scratched him.

The police report said the officer performed a probable cause search, but BWC footage only showed the officer patting the defendant down.

The victim told the officer that she had never called the police on the defendant. However, footage revealed that when asked why the defendant had a GPS monitor on him, the defendant replied it was because of the victim. The officer made no mention of this contradiction in the report.

McGough questioned the credibility of the victim, who said she feared for her life, but left her three children with the defendant.

The prosecution argued that while “clerical errors” were made, probable cause should still be found. 

Judge Pipe said she found it “seriously concerning” that the officer did not feel the need to put information that contradicts the victim’s statements in the report. 

Judge Pipe released the defendant and removed him from the High Intensity Supervision Program (HISP) in his other domestic violence case. 

The prosecution asked her to reconsider her decision, since a June 26 notice of noncompliance stated the defendant had 36 pretrial release violations. 

The judge denied the request, arguing that the violations were minor and that it may be counter-productive to ensure that the defendant stays in the house with the victim.

“I don’t see the point of wasting court resources on enforcing arbitrary rules that are not serving a purpose to the community,” said Judge Pipe. “I am not going to make restrictions on someone’s liberty just because the government can.”

The defendant is still placed on HISP in a felony case involving assault with a dangerous weapon, assault with significant bodily injury, possession of a prohibited weapon and contempt. 

Judge Pipe said the defense must go through the case’s calendar judge if they want the defendant to be taken off HISP.

She also ordered the defendant may not harass, assault, threaten or stalk (HATS) the victim. If he does, he may be charged with contempt of court.

The defendant’s next court hearing is scheduled for Sept. 17.