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By
D.C. Witness Staff
- September 4, 2020
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A DC Superior Court judge ruled that an assault on a police officer case has enough evidence to go to trial, but released the defendant into home confinement.
According to court documents, Jamar Byrd violated a stay away order and was causing a disturbance on July 4. The incident occurred on the 900 block of 16 Street, NW. Byrd, 26, allegedly resisted arrest and Metropolitan Police Department (MPD) officers had to carry him to the patrol vehicle. While being carried, he allegedly bit one of the officers on his thigh.
The prosecution presented a picture of the mark on the officer’s thigh. That officer testified at the Sept. 4 preliminary hearing.
“It was a pretty hard bite, I still have a mark,” he said. “It required medical attention.”
The officer said he received ointment, bandages and a shot for the wound.
“According to the complaint, Mr. Byrd is charged with a felony assault with significant bodily harm,” said defense attorney Linda Houston. “We would submit that biting [the officer] would be an assault but we would argue against the significant bodily harm. It did not require hospitalization, he went to the ER, he received medication and a shot.”
However, Judge Judith Smith did find probable cause.
“The photo reflects that the skin has broken, has a red area, a bruise, and bite mark,” she said. “The Government met its burden of probable cause.”
The prosecution asked Judge Smith to hold Byrd because of his separate charges in different cases while on release.
Houston assured Judge Smith that there could be restrictions put in place for a proper release.
“I’ve spoken to his family and he could live with his girlfriend if released,” she said. “Even if the court would order house arrest with the full understanding that if he would violate that, he could be put in jail until a trial date.”
Judge Smith decided to release Byrd into the High Intensity Supervision Program (HISP.) He will be under 24-hour home confinement and must report to Pretrial Services Agency (PSA.)
Judge Smith scheduled Byrd’s next hearing for Feb. 16, 2021.