Judge Grants Shooting Prelim Reopening

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Attorneys representing a shooting defendant filed a successful motion to reopen a preliminary hearing on Oct. 22 before DC Superior Court Judge Robert Okun.

Demarco Hayes, 21, and Donte Bennett, 26, are charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and two counts of possession of a firearm during a crime of violence for their alleged involvement in a July 24 shooting on the 1800 block of Marion Berry Avenue, SE.

According to court documents, the driver of the suspect’s vehicle attempted to block the victim’s car while it was stopped at a stop sign. Two individuals, later identified as Bennett and Hayes, exited the vehicle and approached the victim’s car. The victim attempted to escape by driving away, hitting and carrying Bennet some distance on the hood of the vehicle before it crashed into a retaining wall. Hayes and Bennett allegedly began shooting at the vehicle, striking the victim in the back of the neck.

Hayes’ attorney, Mani Golzari filed a motion to reopen Hayes’ preliminary hearing, which occurred on Sept. 11, but was quickly opposed by the prosecutor who asked Judge Okun for time to provide a written opinion.

Orally, the prosecution speculated that the defense had not looked through all of the evidence prior to the preliminary hearing, and only recently found something that may have been useful.

Golzari insisted that the prosecution had no idea what was behind the motion’s reasoning was and claimed that the preliminary hearing was just after Golzari was assigned the case. However, the court’s schedule pressured him into a preliminary hearing sooner than desired.

Judge Okun ruled in favor of the defense allowing the preliminary hearing to be reopened.

Hayes is scheduled to return to court Oct. 25.

Bennett’s first preliminary hearing is scheduled for Oct. 28.