Judge Miffed When Key Witness Again Fails to Appear for a Non-Fatal Shooting Case

By Nick Pallotto [former] - October 24, 2023
Daily Stories | Non-Fatal Shooting | Shooting | Suspects |

At an Oct. 24 status hearing, DC Superior Court Judge Lynn Leibovitz delayed a non-fatal shooting trial for lack of a key witness.  However, she made it clear she was unhappy with the situation.

“When you walk out of this court, you get subpoenas in your detective’s hands and you don’t wait until the day of the trial to say you don’t know where your witnesses are,” Judge Leibovitz said to prosecutors. 

The defendant, Marcellus Stewart, 27, is charged with two counts of assault with a dangerous weapon, two counts of assault with significant bodily injury while armed, and four counts of possession of a firearm during a crime of violence, along with other charges, for his alleged involvement in a non-fatal shooting on May 17 on the 4600 block of Hillside Road, SE. The incident left three people suffering from non-life-threatening gunshot wounds.

At a previous hearing on Oct. 18, prosecutors told Judge Leibovitz they were having trouble bringing a witness to court due to his incarceration outside the District in an unrelated matter.

Then on Oct. 24, when asked by Judge Leibovitz to explain the problem, prosecutors said the witness had a bond hearing but is still incarcerated. 

Camille Wagner, Stewart’s defense attorney, filed another motion to dismiss the case as a result of the prosecution’s failure once again to bring the witness to court. 

Judge Leibovitz denied the defense’s request.

Parties are expected back for a trial readiness hearing on Nov. 21.