Judge Holds Non-Fatal Shooting Defendant During First Hearing

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On Mar. 5, DC Superior Court Judge Heide Herrmann detained a non-fatal shooting defendant during a presentment hearing.

Andre Harvey, 28, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting on the 2700 block of Martin Luther King Jr. Avenue, SE on Dec. 2, 2022.

The incident left one individual suffering from gunshot wounds.

According to court documents, the victim and the suspect had been in a verbal argument that turned physical when the suspect pulled out a gun and allegedly shot him. However, the victim stated he didn’t know who shot him, and later died from unrelated causes.

Harvey’s defense attorney, Gail Engmann argued that there was not sufficient evidence to find probable cause to hold Harvey, because there were no eyewitnesses to the crime, and the victim had also failed to identify Harvey as the shooter despite having known him for years.

Judge Herrmann found that since the lead detective in the case had identified Harvey in surveillance footage of the crime scene, there was enough evidence to determine probable cause that he was the shooter, and decided to hold him until his preliminary hearing.

The preliminary hearing is set for Mar. 8.