Judge Finds Probable Cause in Non-Fatal Shooting Case

By Izabella Apodaca [former] - October 23, 2023
Daily Stories | Non-Fatal Shooting | Shooting | Suspects |

On Oct. 23, DC Superior Court Judge Marisa Demeo found probable cause in a preliminary hearing for a non-fatal shooting case.

Jonathan Young, 33, is charged with two counts of assault with intent to kill while armed, and two counts of possession of a firearm during a crime of violence, for his alleged involvement in a non-fatal shooting incident that occurred on July 24, on the 4600 block of Benning Road, SE. The incident left two individuals suffering from non-life-threatening injuries. 

In a previous hearing, Judge Rainey Brandt found probable cause that Young’s co-defendant, Daquawn Lubin, 27, was the other shooter. 

The prosecution called a detective from the Metropolitan Police Department (MPD) to testify regarding his involvement in the case. 

The MPD detective identified Young as the suspect in court. He testified that during the arrest and search of Young’s residence, Young kicked out a window to discard a bag the MPD recovered and allegedly discovered there was a nine millimeter handgun inside.

Surveillance footage presented by the prosecution displayed footage of two individuals entering an apartment at the location where the shooting took place. A second video was presented showing the incident where two individuals in black hoodies crouch down between two cars, lie in wait for the victims, and begin shooting at the victims.

The MPD detective identified Young as one of the shooters by his clothing, specifically gray sweatpants, white socks, and black shoes. The MPD detective stated that the clothing, in addition to the way it was worn by the defendant, matches one of the individuals entering an apartment at the location of the incident earlier in the day. This suspect is identified as Young, as his face is allegedly visible in the video footage. 

Young’s defense attorney, Chris Langello, wanted to call one of the victims to testify as he asserted that the victim would testify one of the shooters was not Young. 

Judge Demeo denied the request citing two different case laws, Edwards vs. United States and Tyler vs. United States. She stated that the only way for a victim to be able to be called as a witness for the defense, is if the defense argued exactly how their testimony would negate a probable cause or substantial probability finding.

Judge Demeo asserted that the defense’s proffer was not specific enough, and it was pure speculation that the victim would identify someone else as the shooter when they have already been interviewed twice by police and have not yet done so. Based on all these factors, Judge Demeo denied the defense’s request.

Langello argued that probable cause cannot be found because there is no physical evidence against Young, such as DNA, fingerprints, or eyewitnesses, and there is no real motive for the shooting. 

Judge Demeo responded by stating there was a confrontation that happened prior to the incident, in which Young and another individual were thrown out of an apartment earlier that evening, which is enough motive for the crime. 

She added that the clothing and the way it was worn was distinctive and is the same as Young’s. Demeo also stated “all evidence is pointing towards Young coming back with a firearm and shooting at someone,” and found probable cause. 

The prosecution requested Young be held because there is a presumption of danger to the community due to the nature of the charge and previous criminal history. The prosecution stated that the shooters fired 40 rounds in 16 seconds and the shooting was “cold-hearted.”

The defense requested Young be released due to his family support and employment. Langello stated that “Young has no previous criminal history of shooting individuals in cold blood,” He also acknowledged that the co-defendant has been released and therefore he requests the same be given to Young. 

Judge Demeo stated she’s unaware of the co-defendant’s situation and therefore cannot comment on that matter. She stated that there is a presumption of danger with her probable cause finding and that the alleged incident as well as prior convictions are “extremely serious crimes”. Additionally, Young was on supervised release for an unrelated matter, at the time of this incident.

In consideration of these matters, Judge Demeo ordered Young be held as she states “he would be an extreme risk of danger to the community and of not returning to court.”

A status hearing is scheduled for Nov. 27.