DC Superior Court Judge Todd Edelman granted a defense request on June 5 to lift a homicide defendant’s curfew and eliminate GPS tracking because he has been compliant.
Gary Denny, 53, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for a crime of violence for his alleged involvement in the fatal shooting of Michael Evans, 56, on April 4, 2023, on the 600 block of 46th Place SE. Evans died from a gunshot wound to his chest.
All charges face an aggravating factor of allegedly being committed while Denny was on release for a prior offense.
According to court records, Denny has been on a curfew, enforced by a GPS tracking system, since his release in May 2023.
Denny’s attorney, Dana Page, requested to remove both the curfew and electronic monitor on the basis of Denny’s consistent adherence to his release conditions. The prosecution opposed the removal, citing the violent nature of the case.
Page explained that lifting the curfew and removing the GPS was inspired by a suggestion from an officer of the Pretrial Services Agency (PSA). Page emphasized that Denny has compiled on release for the last three years, accumulating no violations.
“If it’s not broken, don’t fix it,” the prosecutor countered.
The prosecutor argued that Denny’s conditions of release are actively benefiting the safety of the community. Citing the severity of the charges, the prosecution stressed that the limitations should not be lifted.
However, Judge Edelman said that this line of reasoning was inapplicable because he does not see a direct connection between Denny’s curfew and the safety of the community. Highlighting Denny’s compliance, Judge Edelman granted the defense’s request. Denny’s sole release condition is to attend future hearings.
Parties are slated to reconvene on Aug. 28.
