DC Superior Court Judge Michael Ryan found probable cause and denied the defendant’s release on March 30 in a fatal stabbing that occurred at a soup kitchen.
Jose Sierra Perez, 40, is charged with second-degree murder while armed for his alleged involvement in killing 37-year-old John Despertt at Miriam’s Kitchen, which provides food and other resources to unhoused and food insecure individuals, on the 2400 block of Virginia Avenue, NW, on Feb. 5. Despertt sustained a fatal stab wound to the chest.
Judge Ryan found probable cause for second-degree murder while armed and said the facts of the case are “sparse” but “more than sufficient” to find probable cause. He said there is no evidence of mitigating circumstances, meaning factors that would lessen the crime’s severity.
A Metropolitan Police Department (MPD) detective who the prosecutors called to testify said multiple witnesses saw Despertt fall to the ground and the suspect walk away. She said one witness saw the suspect carrying an item described as a “short blade.” The detective said a security guard later recovered the weapon, which was a “multi-tool” with suspected blood on it.
Security footage played in court showed the dining and kitchen area at Miriam’s Kitchen, and the detective said the stabbing occurred near a refreshments area off camera.
Witnesses have not identified anyone else as suspects in the case, according to the detective.
During cross-examination, the detective said all of the witnesses faced away from Despertt during the incident, so they did not see who stabbed him. She said three of them named a potential witness who they believe actually saw the stabbing, but MPD has not been able to contact him.
According to court documents, Perez was detained as a suspect on scene after he was reportedly witnessed with a knife. MPD identified him through the hospital discharge paperwork he had at the time of his arrest dated Feb. 4 with the name “Jose Sierra Perez,” but police found no official identification.
One of the witnesses said without using Perez’s name that the suspect had come into Miriam’s Kitchen intoxicated before, according to the detective.
The detective said she has no information suggesting the stabbing was an accident or self-defense.
Christen Philips, Perez’s attorney, asked Judge Ryan not to find probable cause because no witnesses actually saw the stabbing, and police did not run any tests to find out if the substance on the recovered weapon was Despertt’s blood.
A prosecutor said they did not need to find a motive or reason for the stabbing and said the “absence of evidence is evidence,” pointing to a lack of mitigating circumstances.
After Judge Ryan found probable cause, Philips asked him to release Perez, who is unhoused, to a shelter that was expecting him had he been released. According to Phillips, she located Spanish-speaking substance abuse and mental health care services should Perez, who only speaks Spanish, need them.
The prosecutor said Perez poses a flight risk because he has no ties to DC and tried to flee the stabbing scene. He said Perez is a “very real danger” to society because he “senselessly” killed another unhoused man.
“If there is one place Perez shouldn’t be, it’s a shelter because that’s where he committed this crime,” the prosecutor said.
Judge Ryan denied Perez’s release and ordered a mental competency screening upon Philips’ request. To stand trial, Perez must understand the charges against him and be able to aid his attorney in his defense.
Parties are slated to reconvene on April 8.
