Judge Finds Probable Cause in Assault With Intent to Kill Case

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On Aug. 15, DC Superior Court Judge Rainey Brandt alerted parties that circumstantial evidence led her to find probable cause that Daquawn Lubin was the perpetrator of a non-fatal shooting.

Lubin, 27, is charged with two counts of assault with intent to kill while armed and two counts of possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on July 24 on the 4600 block of Benning Road, SE. The incident left two adult males suffering from non-life-threatening injuries.

After taking time to review surveillance footage of the incident, Judge Brandt argued that, although the evidence linking Lubin to the incident was circumstantial, it was enough to meet the minimum standard of probable cause.

According to Judge Brandt, Lubin’s vehicle’s GPS tracking system, the shooter’s clothing, and the connection between Lubin and the shooter’s complexion proved that he was probably one of the responsible individuals.

Judge Brandt also argued that the intent to kill the victims was demonstrated by various factors. She stated that the fact the shooters left the location and returned a while later, and waited over 20 minutes for the victims to arrive at the parking lot, proves that the shooters intended to kill the victims.

Following Judge Brandt’s probable cause ruling, defense attorneys for Lubin requested he be released, arguing that his family greatly depends on him to make ends meet. Attorneys also insisted he is the sole caretaker for his ill mother.

During the hearing, the Pretrial Services Agency (PSA) alerted Judge Brandt that, at the time of the incident, Lubin was on probation for a gun charge in Maryland.

Prosecutors argued against his release, stating that he remains a danger to the community.

Judge Brandt took a moment to balance the release arguments before agreeing to release Lubin to home confinement.

She argued she was allowing him to be on release due to his circumstances, stating that it is not often that a defendant has a good job and a roof over his head. According to defense attorneys, Lubin is a manager at a restaurant in the District.

Judge Brandt imposed release conditions that require Lubin to be on home confinement, except for when he’s working, stay away from the victims, witnesses, and location of the incident, and cannot possess or purchase any guns as he awaits a resolution for this matter.

“You need to abide by my conditions,” Judge Brandt told Lubin.

“This is your chance… take it and stay within the compounds of the law, and be successful. Good luck,” she said.
Parties are expected back in front of DC Superior Court Judge Robert Okun on Sept. 14.