Judge Finds Probable Cause in Homicide Case

By Adriana Marroquin - May 22, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

On May 19, DC Superior Court Judge Anthony Epstein found probable cause that a homicide defendant committed manslaughter. 

Gary Denny, 50, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 56-year-old Michael Evans on April 4, on the 600 block of 46th Place, SE. 

Prosecutors questioned the lead detective regarding the incident and his involvement in the investigation. 

According to court documents, officers close to the area of the incident were alerted to gunshots and drove to the location. When Metropolitan Police Department (MPD) officers arrived, they located two individuals, later identified as Denny and Evans, on the ground with Evans on top of Denny. 

In surveillance footage from the incident, Evans can be seen arriving at the scene in his vehicle, entering a building, remaining there for 13 minutes, going back to his car, and being followed out a few moments later by Denny, who was holding a gun behind his back. 

Evans was seen by his car’s gas tank, where Denny told officers he kept a gun. 

Denny allegedly followed Evans around the car a few times, before Evans got in the car and Denny walked away. 

A few minutes later, Denny is seen arriving back at the scene, where Evans was still in his car. He approached  the vehicle and allegedly pointed a gun at Evans multiple times, before Evans charged at him, throwing a him to the ground. Once on the ground, police say Denny fired a few times, and struck Evans. 

Denny got up and left the scene, trying to avoid the officer and walked towards a wooded area where he allegedly threw the gun over a fence. 

He was arrested at the scene and taken to a hospital to receive aid for injuries.

Jacqueline Cadman, Denny’s defense attorney, questioned the detective about an alleged attack that occurred two days prior to the shooting. 

According to the detective, Denny filed a police report after Evans had attacked him at the same location as the shooting two days prior. The police report stated that Denny had to be transferred to the hospital for an injured hand and a bloodshot and swollen eye following Evans, who he identified as “Money Mike”, attacking him. 

According to court documents, Denny had not threatened or tried to injure Evans prior to the incident. 

Cadman argued that there was no probable cause that Denny committed second-degree murder as there is no proof of malice in the incident, arguing he acted in self defense based on the previous attack by Evans. She argued that Denny tried to remove himself from the situation by walking away, and came back a while later to find Evans still sitting outside his apartment building. 

Prosecutors argued that Denny’s attempt to provoke a reaction out of Evans was intent to kill him and that it included malice. 

Judge Epstein said there was substantial probability that Denny was the one to fire the shot that killed Evans, but that he’s not sure if it was done in malice, so he only found probable cause for manslaughter. 

Judge Epstein requested additional time to request a pretrial report from Pretrial Services Agency (PSA) to see if Denny could be released to the community as he awaits further court proceedings. 

Parties are expected back for a felony status conference on May 22.