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By
D.C. Witness Staff
- July 9, 2020
Court
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Daily Stories
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Homicides
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Suspects
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A DC Superior Court judge ruled that there is probable cause to bring a manslaughter case to trial.
Phillip Humphrey allegedly stabbed Cornell Mason, a 33-year-old resident of Northeast DC, April 14 on the 4000 block of Clay Place, NE. He was originally charged with second-degree murder while armed on April 10. However, the charge was changed to voluntary manslaughter while armed during the July 9 preliminary hearing.
While parties agree that witnesses saw Humphrey stab Mason, defense attorney Ronald Resetarits argued that he did so in self defense.
A Metropolitan Police Department (MPD) detective said that, during his interview with the defendant, Humphrey said that Mason did not like when the defendant was in the house.
When Mason arrived at the address on Clay Place, NE, there was an altercation with Humphrey, according to court documents. Mason allegedly punched Humphrey in the face. Humphrey, who was already holding a knife, swung at Mason.
Though the prosecution argued to bring Humphrey to trial on the charge of second-degree murder, DC Superior Court Judge Neal Kravitz ruled that the prosecution failed to prove beyond a reasonable doubt that there were no mitigating circumstances surrounding the stabbing.
However, the judge did rule that there is probable cause to go to trial on the charge of voluntary manslaughter while armed.
The judge said evidence of the location of the stab wound and witness testimony gave the manslaughter charge probable cause.
During the July 9 hearing, Humphrey was released under the High Intensity Supervision Program (HISP.) He was granted release because he has a stable home environment.
Judge Kravitz said the defendant is not a risk to the public.
A hearing to discuss the status of the case is scheduled for Oct. 30.