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By
D.C. Witness Staff
- September 28, 2021
Court
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Homicides
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Shooting
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Victims
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A DC Superior Court judge denied an attorney’s request to release a murder defendant.
Keith Toney is charged with first-degree murder while armed for allegedly shooting 45-year-old Melton Grant on June 22, 2019, on the 600 block of Morton Street, NW.
The 43-year-old defendant is also charged with possession of a firearm during a crime of violence and assault with intent to kill while armed in this case.
Defense attorney Pierce Suen asked for his client to be released from jail because of concerns over his health. The prosecution said the defense has no grounds for the motion, but Suen said his client has a medical condition that makes him vulnerable to COVID-19.
In a motion for release pending trial that he filed on Sept. 23, Suen said his client has been detained for more than 800 days. Toney is currently set to go to trial in January 2023. Suen pointed out that, were he detained until then, he will have been incarcerated for 1,288 days without being convicted in this case. That’s about three-and-a-half years.
DC Court Superior Judge Milton Lee said the defendant’s prior arrests show he is a danger to society, but Suen said that none of the prior arrests were from violent crimes.
Judge Lee was also concerned that Toney’s criminal history shows him to exhibit impulsive behavior. But Suen said that if his client is put on a GPS tracker, he would be less likely to get in trouble.
Judge Lee ultimately denied the release request.
The defense has asked for an earlier trial date. Judge Lee said he would give the defense a list of available trial dates at another time.
Another hearing is scheduled for Oct. 7.