Judge Does Not Change Noncompliant Defendant’s Probation Conditions

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On July 15, a DC Superior Court judge did not change a defendant’s conditions of probation despite reports of noncompliance.

The defendant pleaded guilty to attempted threats to do bodily harm, simple assault and contempt on June 9. He was sentenced to 180 days in jail, which were suspended, and 18 months of probation.

Judge John McCabe decided to keep the conditions despite the fact that he said he did not find the defense’s story convincing.

The defendant violated curfew every night from July 9 to 14. He also tampered with his GPS monitoring device multiple times. 

The prosecution said the defendant violated a stay away order by going to the victim’s house and taking their son on July 4. When the victim tried to get her child back, he allegedly attacked her.

Defense attorney Kiumars Hakimzadeh said the defendant was not at the house at this time. He said a doctor removed the defendant’s GPS on July 26 and the defendant placed it in his car that his mom was driving at the time of the offense.

Hakimzadeh said the victim also reported not seeing the defendant at this time, which runs contrary to the prosecutor’s statement.

“She does everything a victim should do,” said the prosecutor. “She feels the justice system has failed her.” 

The defendant’s next hearing is scheduled for Aug. 5.