Judge Finds Probable Cause In Assault Case

By D.C. Witness Staff - October 26, 2020
Daily Stories | Homicides | Suspects |

A DC Superior Court judge ruled that an assault case has enough evidence to go to trial, but only on a lesser charge. 

Rakeem Willis, was originally charged with assault with intent to kill while armed. The 28-year-old is accused of entering another inmate’s cell at the DC Jail, then hitting and stabbing the victim with an unknown object on July, 3. The victim sustained multiple wounds and was transported to Howard University Hospital. 

Judge Neal Kravitz did not find probable cause for that charge, but did find probable cause for a charge of assault with a dangerous weapon. He cited surveillance footage, a detective’s testimony, and a Department of Corrections (DOC) report, as reasons for his decision.

“There is clear evidence of an assault here,” he said.

According to court documents, the defendant was being held at the DC Jail due to his pending case, in which he is charged with first-degree murder while armed and possession of a firearm during a crime of violence for the murders of 26-year-old Sean Shuler, 26-year-old Javon Abney and 24-year-old Tyrik Hagood on the 1500 block of Fort Davis Place, SE. Jan. 26 2019.

The surveillance footage of the assault shows Willis cleaning the cellblock when the victim was escorted to his cell by a Department of Corrections (DOC) officer. Then, Willis allegedly followed the officer into the cell and began hitting the victim with a closed fist until the officer separated the two. Willis left the cell and walked out of the camera’s view without any officers pursuing him. 

A MPD detective testified that Willis had been holding a sharpened object when he attacked the victim, leaving several puncture wounds. He said, DOC officers did not find a weapon in the victim’s cell but they never searched the defendant’s cell.

The detective also said the victim was unwilling to cooperate with the investigation.

During cross examination, defense attorney Michael Bruckheim asked the detective how many times the victim was stabbed and where the injuries were located.

The detective couldn’t remember how many times the victim had been stabbed. He was also unable to remember where on the victim’s body the bandages were.

The detective testified that the DOC report said the defendant held a closed fist over his head in what he described as a “stabbing motion.”

Bruckheim showed the detective the DOC report, which didn’t mention a closed fist or stabbing motion. The detective said the DOC officer, who was escorting the victim to his cell and witnessed the attack, told him. The detective the officer must have made a mistake. 

Bruckheim asked the detective how he knew the injuries were puncture wounds rather than injuries sustained from Willis’ punching the victim. The detective said the DOC officer told him they were puncture wounds during an interview, but he never saw the wounds. 

Bruckheim asked the detective if the victim underwent any surgery or was given anesthetic while in the hospital. The detective said the victim did not have surgery nor did he receive any anesthetic while receiving treatment. 

Bruckman argued against a probable cause finding. He said there is no evidence that the victim was even stabbed. He also said that even if the victim was stabbed, there is no evidence that Willis intended to kill him. 

The prosecutor replayed the security footage and pointed to the defendant’s stance moments before he entered the victim’s cell. The footage showed Willis with his arm raised above his head with a closed fist. 

“One could infer that there was a sharp object in the defendant’s fist,” Judge Kravitz said. “No one seized him. It’s pretty extraordinary, but I’m not sure that the absence of a knife is such a big deal given the quality of the DOC investigation.”

Then, Judge Kravitz addressed the argument over probable cause for assault with intent to kill while armed. 

The prosecutor argued that the victim, being in handcuffs and being unable to defend himself, proves that Willis had intended to kill the victim. “The defendant stabbed the victim several times while he was essentially incapacitated.” the prosecutor said.

“The victim being handcuffed doesn’t show that the defendant wished to kill him rather than assault him,” Judge Kravitz said.

Judge Kravitz decided to hold Willis, saying his criminal history, including an assault with a dangerous weapon conviction and three murder charges in a pending case, are concerning and indicate violent tendencies.

Willis’ next court date, a felony status conference, is scheduled for Dec. 15.