Judge Denies Release Request During Hearing

By D.C. Witness Staff - October 30, 2020
Court | Daily Stories | Homicides | Suspects |

On Oct. 30, a DC Superior Court judge denied an assault defendant’s release request. 

Erik Stewart is charged with assault with a dangerous weapon and unlawful possession of a firearm with a prior conviction.

The Oct. 30 court date was scheduled to be a preliminary hearing, which would determine if his case has enough evidence to go to trial.

However, Stewart waived his right for a preliminary hearing. Defense attorney Ferguson Evans went on to arguing for his client’s release. 

“We think that there are conditions that could accommodate the safety of the community,” Evans said. 

Evans requested that Stewart be placed in a halfway house with GPS monitoring. 

During cross examination the prosecution rebutted Evans’ request  by noting Stewarts prior robbery convictions, all of which involved a firearm. He also brought up Stewart’s history with the same complainant, and a previous assault that took place on April 17. 

“The facts of this case are troubling and would warrant detention,”  the prosecution said.

After listening to both arguments Judge Heidi Herrmann found that Stewarts charge along with his previous convictions add to the rebuttable presumptions.

Judge Herrmann decided that  Stewart will remain held at  DC jail. She then scheduled a felony status conference for Dec. 1.

Emily Pengelly wrote this article.