Judge Finds Probable Cause for Fatal Stabbing, but Grants Suspect’s Release

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DC Superior Court Judge Anthony Epstein agreed there was probable cause that 49-year-old Wali Shabazz was the perpetrator in a fatal stabbing. 

Shabazz is charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of 41-year-old Martin Gross Jr. outside a stadium on the 100 block of T Street, SW. The incident occurred on April 27. 

According to court documents, Gross Jr. was rushed to the Washington Hospital Center where he died, unable to make a useful statement to officers.

At a May 8 hearing, prosecutors called on the lead detective from the Metropolitan Police Department (MPD) testified about video surveillance, which was shown at the hearing, depicting an individual identified as Shabazz sitting on a sidewalk bench when an individual identified as Gross Jr. approaches him in a confrontational manner. Immediately, a fist fight ensues with Gross Jr. apparently throwing the first few punches.

After trading punches, the individual identified as Shabazz takes a knife out of his pocket and begins stabbing the victim multiple times, causing Gross Jr. to fall to the ground. The suspect then wals away from the victim.

Although the detective never spoke to the defendant, she arrived at the crime scene and later observed him on surveillance video, which was used for identification.

According to the detective, an autopsy ruled that the victim suffered twelve stab wounds, mainly to the torso area. The cause of death was from stab wounds and the manner was deemed a homicide by the Office of the Chief Medical Examiner (OCME).

The defense asked the detective if there was a toxicology report on Gross Jr., based on evidence suggesting that the victim was intoxicated, but the detective didn’t know.

Defense attorney Gemma Stevens argued that Shabazz’s actions were reasonable as he was acting in self-defense and believed to be in imminent danger of serious bodily injury or death. 

According to Stevens, Shabazz feared for his life, noting that a fist fight can be fatal. 

However, Judge Epstein argued Shabazz overreacted during the incident, stating he stabbed Gross Jr. multiple times despite the victim being unarmed, before ruling that he found probable cause.

Stevens argued for the release of her client on the basis that Shabazz has no violent criminal history prior to this incident, is an active member of the community, and has strong family and friend support. She pointed out three women at the hearing supporting Shabazz, including his fiancée.

Amidst the finding of probable cause, Judge Epstein granted the defendant release. 

Shabazz will be under GPS electronic monitoring and is subject to home confinement, but will be able to leave for employment.

“I am trusting you to do the things Ms. Stevens said you would do,” Judge Epstein told Shabazz regarding his release. 

Parties will reconvene Jan. 31.