Judge Finds Probable Cause in Metro Shooting Case, Denies Release

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DC Superior Court Judge Danya Dayson denied a shooting defendant’s request for release following a probable cause finding during a June 16 hearing.

Daquan Toland, 25, is charged with assault with a dangerous weapon, carrying a pistol without a license outside a home or business, and possession of a firearm during a crime of violence for his alleged involvement in a shooting incident on June 2 on the 1100 block of 4th Street, SW.

According to court documents, the incident involved three suspects firing near the Waterfront Metro station, resulting in one adult male victim with a graze wound.

During the hearing, the prosecution called on a detective from the Metropolitan Police Department (MPD), who confirmed he reported to the incident site about five minutes after the shooting, prepared the affidavit, and identified Toland as the suspect in surveillance footage wearing a white shirt and riding a bike.

According to the detective, Toland fled the scene into the Metro station but was arrested three stops later at the Gallery Place station within minutes allegedly in possession of an unregistered firearm.

The detective said two men in black were involved in the shooting as well as Toland, who also appeared in white clothing. The detective interviewed several witnesses, all of whom mentioned the two individuals in all black but none of whom mentioned a third person involved in the shooting. Surveillance footage showed two men in all black shooting at a Metro station and an individual wearing white, later identified as Toland,shooting back at them.

Henry Druschel, Toland’s attorney, submitted to probable cause on carrying a pistol without a license outside home or business, and the prosecution elected to dismiss the assault with a dangerous weapon and possession of a firearm during a crime of violence charges.

Druschel argued that Toland’s shooting was clearly self-defense as he was not the one to initiate the shooting. The defense requested Toland be released and stressed his family support.

According to Druschel, they worry about his epilepsy treatment at the DC Jail. They stated he has a significant employment history, and claimed they could ensure the community’s safety.

The prosecution argued there are no conditions of release that would ensure the safety of the community. They stated the allegations of shooting recklessly at a crowded area during the day are serious and show the defendant had no regard for public safety, especially because the shooting resulted in a disabled victim being injured with a grazed bullet wound. The prosecution also noted that the surveillance video allegedly shows the defendant clutching his firearm first even if he did not shoot first.

Judge Dayson granted the prosecution’s request for a hold given the nature of the charges and Toland’s apparent disregard for public safety. She noted that Toland had described a previous interaction with the two individuals during which they had pulled a gun on him.

Toland was allegedly able to get home but he failed to tell anyone of the incident or call the police. Instead he armed himself and set out to find the other two people who had pulled a gun on him which showed intent.

The parties are slated to reconvene June 26.