Judge Finds Probable Cause in ‘Execution Style’ Shooting, Orders Defendant Detained 

By Ivanna Ceballos , Phoebe McConnell - October 29, 2024
Court | Daily Stories | Non-Fatal Shooting | Shooting | Suspects |

DC Superior Court Judge Michael O’Keefe rejected Oct. 28 a non-fatal shooting defendant’s request for release, despite his co-defendant being granted home confinement.

Donte Bennett, 26, and DeMarco Hayes, 21, are charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and two counts of possession of a firearm during a crime of violence for their alleged involvement in a non-fatal shooting where one victim sustained critical injuries at the intersection of the 1800 block of Marion Barry Avenue and 18th Street, SE on July 24.

Release was denied because Judge O’Keefe ruled that Bennett was a danger to the public since he allegedly “shot at someone, execution style.” 

Judge O’Keefe also found probable cause that Bennett was at the scene of the crime on Oct. 28, saying the gun that was found at his house matched the shell casings found at the scene of the crime. 

Even though Bennett’s co-defendant, Hayes, was released on home confinement under DC Superior Court Judge Robert Okun, Judge O’Keefe stated he did not know what was presented and, therefore, did not make the same ruling. He expressed that there was no way to confine Bennett to ensure he was not a danger to the victim or the community. 

During the hearing, the prosecution called on the lead detective from the Metropolitan Police Department (MPD). Surveillance footage, acquired from a nearby public library, shows the suspect leaving a car and discharging a firearm. An additional piece of footage identified the vehicle, with corroboration from Bennett’s family member, who later identified him through surveillance footage in connection with the incident.

According to the detective, who works in the Homicide Branch of MPD, homicide detectives investigated the incident as a homicide due to the victim’s critical injuries, which included a gunshot wound to the neck. The detective stated that doctors told MPD the victim may be paralyzed if he survives.  

During his testimony, the detective identified Bennett in the courtroom as one of the two suspects he submitted an arrest warrant for. During court, the witness adopted the affidavit as part of his testimony. 

However, defense attorney Steven Kiersh argued that the footage lacked the clarity necessary to confirm the suspect’s identity.

Kiersh highlighted the footage’s limitations, stating it did not offer a clear visual confirmation of the suspect’s face. The mere description of a “thin, young person with dreads” was argued to be insufficient grounds for identification.

The defense also requested bond, citing Bennett’s drug issues, suicidal concerns, and lack of a prior criminal record. According to Kiersh, Bennett experienced severe withdrawal symptoms while he was in jail.

Prosecutors objected to the request for release, citing the nature and circumstances of the incident. 

Judge O’Keefe presided over today’s hearing, standing in for Judge Okun.

Parties are set to reconvene on Nov. 22.