DC Superior Court Judge Dorsey Jones found probable cause during a preliminary hearing for a shooting the defendant says came from a “fake gun” case.
Derrick Carter, 33, is charged with assault with a dangerous weapon, possession of a firearm during a violent crime, and unlawful possession of a firearm with a prior conviction greater than a year for his alleged involvement in a shooting on the 1400 block of Canal Street, SW on Dec. 2, 2025.
According to court documents, the victim reportedly ran into Carter while making a food delivery and an argument ensued. After the victim left the building, she reportedly yelled at Carter, and he responded by pulling out a gun and allegedly firing once at her. The victim did not sustain any injuries and drove away.
At Carter’s preliminary hearing on Feb.2 , the prosecution extended a plea offer that would require him to plead guilty to possession of a firearm and unarmed robbery. In exchange, the prosecution would not seek an indictment for additional charges.
Emma Mlyniec, Carter’s attorney, said she sent a counter offer to prosecutors which they rejected. Parties decided to proceed with the preliminary hearing.
The prosecution called a detective from the Metropolitan Police Department (MPD) who wrote the arrest warrant and interviewed the victim . The detective said she identified Carter as the person who shot at her and said they knew each other from the neighborhood and did not get along.
Additionally, the detective said the victim told him about a prior dispute between them involving a stolen gun, but the detective noted there was no proof of Carter’s involvement in that incident.
The prosecution said that Carter claimed the gun was fake. However, Carter still raised a firearm at the victim, and that it didn’t matter if the weapon was real. A suspect using a fake gun can be charged with a serious crime if the victim felt he was in danger.
Mlyniec pointed out the victim’s history of alleged credibility issues regarding the previous gun dispute. Myliec also pointed out that a witness in the building told the detective she didn’t hear an argument take place prior to the shooting. Myliec further emphasized that the ShotSpotter did not pick up any gunshots and the victim waited four hours to call 911.
Still, Judge Jones found probable cause Carter did the shooting. He agreed with the prosecution’s argument that it doesn’t matter if the gun was real or not, there was still enough evidence to support probable cause for all three charges.
Mylniec requested Carter’s release, citing strong community support and family responsibilities. According to Mylniec, Carter acts as a home health aide to his mother who just had her leg amputated. Carter is also an active father to his teenage daughter.
The prosecutors opposed his release due to the violent nature of the incident.
Judge Jones denied the defense’s request for release, ordering that he be held without bond.
Parties are slated to reconvene on Feb. 5.
