Judge Finds Probable Cause and Denies Release for Shooting Defendant

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DC Superior Court Judge Rainey Brandt found probable cause to proceed with a non-fatal shooting case.

Santos Duarte, 24, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on July 5 at a restaurant and bar on the 3500 block of 14th Street, NW. The victim, the owner of the establishment, suffered a gunshot wound to the leg.

During the hearing, a responding police officer from the Metropolitan Police Department (MPD) testified to the events of that night with the assistance of video surveillance footage from inside of the restaurant.

The video showed an individual, which the officer identified as Duarte, speaking with two unidentified individuals in the upstairs section of the restaurant. Duarte began walking in circles around the two with his fists up and moving in what the officer said was a “boxing motion.” One of the individuals pushed Duarte into a nearby booth and put him into a headlock-like position.

According to the officer, Duarte was then seen pulling a gun out of his pocket. The officer described that it looked like the gun was pointed at the individual. The individual pulled away from Duarte, who was grabbing at his crotch area. The officer stated that Duarte had been shot in the penis when found at the scene.

The officer testified that Duarte was asked to leave the restaurant and was escorted out of the building. The two individuals were speaking with the owner of the establishment at the top of the stairs when Duarte returned and began shooting at them from the bottom of the stairs.

As per the officer, six shell casings were recovered on the floor and the victim was hit once in the leg. Nobody else was harmed during the incident.

During cross examination, the officer testified that upon arriving at the scene, Duarte was found restrained by ropes with a nose bleed. Duarte told the officers that he was hit in the face and “was shot in the d***” during the altercation.

The officer also testified that he was aware Duarte was treated by Emergency Medical Technicians (EMTs) at the scene and was in the hospital for a week due to the gunshot wound.

Following the officer’s testimony, the prosecution stated that Duarte was drunk and shot himself in the penis. They argued that Duarte cannot seek to claim self-defense as he was the first aggressor, shown by the boxing stance, and returned to the scene after being escorted out.

The prosecutor also stated that the proximity to the victim and the number of shots fired caused this incident to fall under the case law that defines assault with intent to kill.

Duarte’s defense attorney, Jonathan Lanyi, recalled the officer’s testimony that Duarte was found bound and bloody with an “egregious” bullet wound that required him to be in the hospital for a week. “He was manhandled, shot, and manhandled again,” Lanyi stated, requesting Judge Brandt not find probable cause.

Judge Brandt stated the prosecution had established substantial probability that a reasonable jury would find Duarte guilty.

Duarte “can’t cloak himself in self-defense,” she stated, as he withdrew from the situation before returning as an active shooter. She additionally agreed with the prosecution that Duarte was the aggressor.

After probable cause was found, Lanyi requested that Duarte be released from jail on electronic monitoring. He argued that Duarte has ties to the community through his family, pointing out that his mother, sister, children, and the mother of his children were in the courtroom. He also stated that Duarte has a full-time job and supports his family, and he would like Duarte to have the chance for sobriety.

The prosecution disagreed, stating that the nature of the incident showed Duarte is a danger to the community. The prosecutor argued that Duarte shot at the individuals in a crowded restaurant on a Friday night after the Fourth of July, which was “clear evidence” that Duarte is dangerous.

Judge Brandt denied the request for release, stating that the law presumes him dangerous due to the nature of the charges. She agreed with the prosecution that Duarte was an active shooter in a “very public space,” and many could have been injured.

She also relied on a past conviction of assaulting a family member, as well as a current open case against him for violating two protective orders. With these, she stated she believed him to be untrustworthy in the eyes of the court and a danger to the community.

Parties are scheduled to return Aug. 30.