DC Superior Court Judge Lloyd Nolan denied release on April 7 for a teen defendant alegedly involved in two shootings that resulted in three individuals injured, including the defendant himself.
Omar James, 19, is charged with aggravated assault while armed and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting on the 1900 block of Benning Road, NE on March 12 and another non-fatal shooting of a victim on the 2000 block of Benning Road, NE on March 14.
On March 12, according to court documents, James and another suspect were reportedly seen on surveillance footage entering Benning Market and subsequently they were both filmed running out while James appeared to be shooting back at the market. The other suspect reportedly told officers, contrary to the surveillance footage, that a group approached them from an alley and began shooting.
James sustained gunshot wounds in the elbow and finger and the other suspect sustained a gunshot wound to his groin, losing a testicle as a result.
Then on March 14, court documents state that James allegedly returned to Benning Market and got into an argument with the victim in the prior incident. Reportedly, the victim told officers another suspect handed James a handgun during the argument. James then allegedly shot the victim in the foot. The victim denied his involvement in the shooting in the days prior.
In court, James, manifesting a black sling and a bandaged finger, waived his right to a preliminary hearing, so the case will proceed without need for an official finding of probable cause. Judge Nolan accepted the waiver.
James’ attorney, Gail Engmann, argued for James’ release on 24-hour home confinement, curfew, and GPS monitoring, claiming James is not a danger to the community. According to Engmann, James was the victim in the incidents, citing his disfigured finger and wounded elbow. She noted that the prosecution informed her the night before the hearing that the victim lied to officers about not being involved in the first shooting.
Additionally, Engmann noted James had been completely compliant with the conditions of his Youth Rehabilitation Act (YRA) probation conditions in an unrelated case, which allows sentencing flexibility for defendants under 25 and the possibility for their convictions to be sealed upon successful completion of requirements.
Engmann told Judge Nolan that James is working toward his education with a semester left of high school and is looking for employment to support his pregnant girlfriend. She pointed to James’ family in the courtroom and said they will account for him while on release.
The prosecution disagreed with Engman’s account of the shootings. According to the prosecution, James allegedly heard the victim was involved in the altercation on March 12 and came to Benning Market. The prosecution claimed he intended to confront the victim, flashed what appeared to be a gun, then, without warrant, shot the victim in the foot.
Additionally, the prosecution argued that the YRA is the greatest incentive the courts have for young defendants and it is concerning James was not incentivized to avoid violating his probation.
Judge Nolan denied the request for release and ordered continued detention. He cited the probation violation and severity of the incidents as reasons.
“There are no circumstances short of incarceration that could ensure the safety of the community,” Judge Nolan said.
Parties are slated to reconvene on April 30.
