Judge Holds Eight Out of 49 Defendants During Initial Hearings

Thank you for reading D.C. Witness. Help us continue our mission into 2024.

Donate Now

On Aug. 10, DC Superior Court Judge Robert Okun released 41 defendants and held eight defendants in DC Jail during their initial hearings.

Of those who were held, two defendants were involved in domestic violence cases.

One defendant, charged with simple assault for allegedly choking the victim, was held because of the seriousness of the allegations and because he has two pending cases where he is out of compliance with his pretrial release conditions.

The second domestic violence defendant is charged with attempted threats to do bodily harm and contempt of release conditions. Judge Okun held the defendant, citing a pending case and a conviction for simple assault that both involve the same complaining witness as in his new case.

Albert Smith is charged with second-degree theft and threats to do bodily harm for allegedly stealing San Pellegrino water bottles at The Capital Grille, which is located on the 600 block of Pennsylvania Avenue, NW. He then reportedly threatened to smash the bottle over the head of the victim. Judge Okun held Smith, saying his new case is not that serious, but he has six pending cases and 10 convictions.

Andrew Tillman is charged in two separate cases for second-degree theft. He was held by Judge Okun because he has two additional pending cases, is on probation on two cases, is noncompliant in all of his cases and has eight prior convictions that involve robbery and attempted robbery.

Two defendants, Malcolm Ellis and Bobby Shelly, were charged with being fugitives from justice where they are wanted in Maryland for first-degree assault and armed robbery, respectively. They waived their extradition hearings in DC court for Maryland to retrieve them from DC Jail within three business days.

John Stewart, charged with contempt for violating a stay-away order, was held. Judge Okun said he could not be released because all three of his cases involve guns, and he has violated multiple conditions of release recently.

The final defendant who is being held, Gary Cloutterbuck, is charged with unlawful possession of a firearm with a prior conviction. Judge Okun held Cloutterbuck because he was on probation for two serious assaults in Maryland at the time he allegedly committed his new offense.

Of the defendants released, 25 had no charges filed against them by the prosecution.

Two additional domestic violence cases were heard by Judge Okun, and he released both with stay-away orders.

Three defendants charged with being fugitives from justice were released with orders to turn themselves in to Maryland authorities.

Five additional misdemeanor cases were heard, and all were released with stay-away orders.

Three felony cases were released as well as a defendant charged with a DUI, driving while impaired and driving without a license.

Two defendants were brought in on bench warrants for failing to appear for their hearings, and Judge Okun released both with new court dates.

A defendant charged with second-degree theft has been in the hospital since July 20, so Judge Okun rescheduled his hearing to Aug. 11.

Follow this case