Judge Finds Probable Cause in a Three Victim Shooting Case

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On June 14, DC Superior Court Judge Marisa Demeo found probable cause in a three-victim shooting case.

Thomas Leach, 16, is charged as an adult with assault with intent to murder while armed, assault with intent to kill while armed, and the possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting of three victims on the 4000 block of Central Avenue, NE, at the Benning Road Metro Station on Dec. 8, 2022. According to MPD documents, the defendant and the intended victim went to school together.

Prosecution called the lead detective to the stand to review the video footage of the incident. The video at the metro station depicts the defendant approaching one of the victims, and the victim’s friend.

The other two victims were hit by stray bullets.

After the defendant approaches the victim, the defendant daps up the victim’s friend. According to the detective, after the defendant greeted the victim’s friend, the victim told the defendant “I don’t f**k with you.”

The defendant allegedly responded with “I don’t f**k with y’all either.”

According to the detective and the surveillance footage, the dialogue was followed by the victim throwing a punch at Leach.

Leach dodged the punch, and moments later, he allegedly shot the victim.

The detective interviewed the victim, and noted that the victim and Leach had a history of occasional physical conflicts. The most notable being when the victim and his friends “jumped” Leach, resulting in Leach transferring schools due to safety concerns.

Both individuals were dating each other’s close friends.

Throughout the proceedings, both prosecution and defense frequently attributed the incident to that of a petty, jealousy dispute between high school students.

Prosecution argued that there was sufficient probable cause for all three counts against Leach.

Prosecution stated that Leach allegedly injured the victim on purpose and voluntarily. The defendant shot the victim within arms range, which prosecution claimed demonstrated an intent to kill.

Prosecutors noted that this incident could not be ruled as self defense, despite the victim’s attempt to punch Leach. She argued that the punch did not justify the defendant’s reactionary shooting.

Defense attorneys argued that there was not sufficient probable cause for the charges against the defendant.

The defense attorney maintained that there was no malice from the defendant in this case and that he was reacting to a provocation by the victim. He also noted that there is no evidence that this incident was planned out or coordinated by Leach.

The defense attorney concluded by stating that none of the three victims were shot in a critical area which does not show an attempt to kill.

Judge Demeo ruled that there was sufficient probable cause on all three counts. She said that the defendant approached the victim first, which he did not need to do. His approach showed an intent to harm, alongside the defendant allegedly shooting the victim five times.

She found the shooting to be voluntary and on purpose, and due to the nature of the weapon and the close range, the defendant intended to kill.

She found that the slight provocation of the attempted punch was not adequate to justify the shooting, thus the defendant was not acting in self defense.

Upon Judge Demeo’s probable cause finding, she granted the prosecution’s request for continued detention.

A felony status hearing is slated for Sept. 15.