Judge Finds Probable Cause in Three Victim Shooting Case

By Sofia Marcus [former] - June 9, 2023
Court | Daily Stories | Non-Fatal Shooting | Shooting | Suspects | Victims |

On June 9, DC Superior Court Judge Lynn Leibovitz found probable cause that a defendant was the perpetrator in a non-fatal shooting.

Marcellus Stewart, 27, is charged with assault with a dangerous weapon for his alleged involvement in a shooting that led to the non-life threatening injuries of three male victims on May 17 on the 4600 block of Hillside Road, SE. .

According to court documents, the incident involved two groups shooting at each other.  One of the victims was allegedly shot when Stewart approached a witness’s vehicle. 

A Metropolitan Police Department (MPD) detective, testified the victim was confident that Stewart shot him.

Stewart’s attorney pointed out that Stewart, himself, suffered a gunshot wound that entered the left side of his chest and exited through his back. The detective said officers located Stewart at the scene, and he was taken to a local hospital to receive treatment for his wound. He was arrested June 7. 

No firearm was recovered at the scene, according to the detective.

In their argument against probable cause, the defense claimed witness testimony was inconsistent and there were two likely suspects who were not on the scene when officers arrived.

One of the witnesses could actually have shot at Stewart, the defense argued. Still, Judge Leibovitz found probable cause that Stewart was involved in the shooting. According to the judge, “Physical evidence was consistent with crisscross shooting.”

Prosecutors requested that Stewart remain held at DC Jail, arguing the nature of the incident makes him a danger to the community. 

The defense said Stewart is a father figure to his significant other’s children, is obtaining a license to pursue custodial work, and is set to have surgery at the end of the month.

“At the jail, he’s not going to get what he needs,” said the defense.

The judge ordered Stewart be held at DC Jail, and said she would issue a medical alert for his current injury. 

Parties are set to return to court on June 12.