Judge Finds Probable Cause in Shooting Case

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On Oct. 19 DC Superior Court Judge Maribeth Rafinnan found probable cause in a shooting defendant’s case.

Nathaniel Arce-Washington, 28, 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 on Oct. 9, on the 1200 block of Queen Street, NE. The incident left two individuals suffering from life-threatening injuries.

The prosecution called a Metropolitan Police Department (MPD) detective who identified Arce-Washington in the court as the suspect. He testified that the shooting occurred in the Trinidad Neighborhood at the intersection of Queen Street and Montello Avenue at approximately 11 p.m.

The prosecution presented footage from two surveillance videos which showed two individuals running, holding black duffel bags, and attempting to enter a moving white van. They appeared to be running from a third individual who fired shots towards them.

The detective identified Washington as the shooter in the video. Surveillance footage shows that one individual was shot and left lying in the street, while the white van drove off. The shooter then appears to approach the individual on the street, and then flees on foot.

In the second surveillance video presented by the prosecution, the alleged shooter was seen lying on the floor while an officer detained the individual. The MPD detective then identified Arce-Washington as the detained individual in the video.

At the scene officers recovered a Glock 26 nine millimeter handgun from the sewer

The MPD officer testified that immediately following the arrest, Arce-Washington stated that he was “robbed and pistol whipped” by the men who he was seen allegedly shooting at in the surveillance video.

After his arrest, Arce-Washington was determined to have a laceration above his right eye that was severely bleeding. The MPD detective testified that there was a blood trail beginning at Queen Street and ending at the 1600 block of Trinidad Ave, NE, the location of the arrest.

The MPD found a firearm on the individual who was shot and was lying in the intersection of Queen Street and Montello Avenue. They also found a magazine casing at the start of the blood trail and the detective testified that the magazine casing matches the firearm found on the victim.

Arce-Washington’s defense counsel, Steven Oglivie, argued that since the magazine casing matches the victim’s firearm, there is a presumption that the magazine casing belonged to the victim. Oglivie stated that Arce-Washington explained to him that he took over the the firearm during the alleged robbery and acted in self-defense.

The MPD detective testified that there were no witnesses found and no additional video footage has been received.

The prosecution requested that Judge Rafinnan find substantial probability that Arce-Washington shot the two victims, stating that one victim suffered from a gunshot wound that left them paralyzed from the neck down and the second victim suffered from a gunshot wound to the abdomen.

The prosecution argued that legal self-defense is not a plausible argument because he was firing at fleeing individuals.

The defense responded by stating that the victims were not “innocent” individuals; they were individuals attempting to rob Arce-Washington.

Oglivie stated that, from the surveillance video presented, it can clearly be seen that the victims are running down the street carrying bags taken from Arce-Washington’s car. He stated that the laceration sustained by Arce-Washington caused blood to obstruct his vision and once he gained control of the firearm, he fired in the direction of the victims because he was “fighting for his life.”

The prosecution asserted that “following someone down the street and shooting a fleeing individual is not case law for self-defense.”

Judge Rafinnan stated that, based on the video, Arce-Washington didn’t show self-defense since the victims are running away from the shooter, but stated that it is an appropriate argument for trial. She didn’t find that the prosecution showed substantial probability, but that they have proven probable cause.

The prosecution requested that Arce-Washington be held because he responded to a situation by firing a firearm, fleeing from police, and disposing of evidence. For these reasons, they posed the defendant as a danger to society.

Oglivie argued that Arce-Washington only used a firearm to fight back and was unarmed at the time of the incident. He stated that the defendant is a father, currently employed, and has no prior criminal history. The defense presented Arce-Washington as an “excellent candidate for pretrial release.”

Judge Rafinnan stated that the injury Arce-Washinton sustained, in part, corroborates his story. She stated that “the evidence weighs in favor of detainment, but personal characteristics show a lack of criminal history, among other factors.” Judge Rafinnan found that the defense rebutted the presumption that there are no conditions or combination of conditions that will ensure the safety of the community.

Judge Rafinnan ordered that Arce-Washington be released on home confinement and remain on GPS monitoring.

Arce-Washington must report to pretrial services as directed and is scheduled for a 30-day court check-in.

Judge Rafinnan also ordered stay away orders from both victims and the location of the 1200 block of Queen Street, NE.

A status hearing is scheduled for Nov. 20.

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