DC Superior Court Judge Rainey Brandt found probable cause that a teenager was the perpetrator in a robbery-turned-shooting that injured a firefighter during a hearing on Sept. 26.
Marcellus Dyson, 17, is charged with aggravated assault while armed with grave risk, armed robbery, and possession of a firearm during a crime of violence, for his alleged involvement in an incident that injured an off-duty firefighter on Sept. 20 at the intersection of 8th and C Streets, NE.
According to court documents, the firefighter and Dyson both sustained injuries during the incident.
Prosecutors called on the Metropolitan Police Department’s (MPD) lead detective to testify. According to the detective, he was dispatched to the scene after 10 p. m. for the report of a shooting, and when MPD responded, the victim stated a Black man wearing all black clothing with a surgical mask and a hood was the shooter. The victim also told MPD the suspect had shot himself in the hand.
The detective stated the description was corroborated by surveillance footage recovered from a neighborhood home, which depicts the victim crossing the street at the intersection, being followed by the suspect wearing all black, and the suspect running away from the scene after two interactions with the victim.
According to the detective, the victim alerted MPD that the suspect approached him from behind, held up a gun to the victim and told him “give me everything you got.”
The detective stated the victim claimed to have handed his phone to the suspect, who then attempted to force the victim to open his Apple Pay – when the victim was unable to get it to work, a tussle ensued, which caused the gun to be fired.
According to the detective, the victim sustained an injury to his chest, and Dyson was arrested a block away from the incident location with a gunshot wound to his hand. In body-worn camera footage, which was not shown in court, Dyson allegedly told officers “I’m sorry, I won’t do it again.”
Theodore Shaw, Dyson’s attorney, questioned the detective if he knew specifically what Dyson was talking about, stating he could’ve been saying sorry about running away from the police as they arrived at the scene.
Shaw also questioned why the victim never participated in an identification procedure, stating MPD could have done a show up, line up, or photo array for the victim to identify the shooter. The detective claimed that Dyson and the victim were rushed to the hospital, so no identification procedure was done.
The detective also stated the only witness MPD has spoken to was the victim, insisting no one else was on the street at the time of the shooting.
Shaw also questioned if anybody had called 911 for the incident, which was objected to by the prosecution – there have been reports that the victim was put on hold by dispatchers as he attempted to get help.
“The [prosecution] has fallen short here, which is remarkable,” Shaw said, arguing the prosecution failed to meet the requirements for probable cause. He argued that the prosecution did not meet the elements of armed robbery, which would require the suspect to carry the item away, and the item must have value. He argued the prosecution failed because the victim never mentioned the suspect walking away with his phone.
Shaw also argued “aggravated assault requires serious bodily injury, and no serious bodily injury was established here,” adding it would require the victim to be unconscious, protracted disfigurement, or substantial risk of death. Shaw insisted the victim was not immobilized or unconscious, therefore no probable cause could be found.
The prosecution and Judge Brandt disagreed, stating a gunshot to the chest is serious bodily injury.
Judge Brandt stated that, despite the detective’s testimony being like that of “a deer in headlights,” due to his only being on the job for two-and-a-half months, his testimony was credible. Judge Brandt questioned why MPD would send a “baby detective” to investigate a firefighter’s shooting, stating they “wouldn’t have sent a baby detective if the victim was one of their own.”
Judge Brandt ruled the prosecution met the burden for probable cause, stating “a gunshot wound… that’ll do it – that’s a serious bodily injury. Any time you point a loaded gun at someone, you can infer the intent [to injure] is there.”
Shaw requested Dyson be released pending further proceedings, stating he recently started his senior year of high school, this is his first contact with the system, and has a familial support that would guarantee he complies with all conditions and returns to court.
“He’s anxious to get back to school,” Shaw told Judge Brandt.
The prosecution disagreed with the request, stating that Dyson’s support system and school were in play when the shooting occurred. “This was an attack in a public street, where the defendant approached the victim at gunpoint,” the prosecutor insisted.
“This is an egregious brazen act… this is extremely concerning,” the prosecutor said.
Judge Brandt agreed with the prosecution, stating “we’re not dealing with just any armed robbery here -we’re dealing with an armed robbery where not just one person, but two were hurt. The victim was shot in the chest, which is serious enough in its way.”
“The defendant, at least at the probable cause level, confessed or uttered words that a reasonable inference can be drawn that he confessed,” Judge Brandt stated, denying the request for release.
Parties are slated to reconvene on Oct. 7 before DC Superior Court Judge Robert Salerno.
