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By
Mia Kimm
- March 25, 2025
Court
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Daily Stories
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Non-Fatal Shooting
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Suspects
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DC Superior Court Judge Neal Kravitz modified the release conditions for a non-fatal shooting co-defendant on March 21.
DeMarco Hayes, 22, and Donte Bennett, 26, are charged with assault with intent to kill while armed, aggravated assault knowing while armed, and two counts of possession of a firearm during a crime of violence for their alleged involvement in a non-fatal shooting where one victim sustained injuries at the intersection of Marion Barry Avenue and 18th Street, SE on July 24, 2024.
At the start of the hearing, Judge Kravitz notified the parties of two positive marijuana tests that were flagged as violations of Hayes’ release conditions.
An officer from the Pretrial Services Agency (PSA) said that Hayes had been ordered to submit to a full screen drug test.
Bunke argued that the positive marijuana tests should not be considered violations as Hayes was never ordered to not use marijuana and he is over the legal age to use marijuana. She said that Hayes had been addicted to a different drug, and the purpose of the drug test was to ensure that he was not using the illicit substance that had been the source of his addiction.
The prosecution said it would be helpful to clarify what he was allowed and not allowed to do.
Bunke explained that when Hayes was released, he entered a 28-day out-patient program. However, when he reached the 28-day mark, the program stopped providing transportation, so continuing to participate became more difficult. Bunke argued that he has reached the end of treatment and returning to the program would only be a burden.
Judge Kravitz agreed that Hayes should not need to return to treatment as long as he continues to test negative for the drugs he was previously addicted to.
Bunke requested a modification to Hayes’ release conditions and argued that expanding the hours of his curfew would allow Hayes to look for a job and take care of his family. Hayes is currently allowed to leave his home from 1pm-5pm Monday-Friday. Bunke said that he has never violated his release conditions, has no record, and would remain on a GPS monitor.
Judge Kravitz denied this request saying that the current curfew has accomplished what it was intended to do and it has only been in practice for two weeks.
Bunke requested that Hayes be allowed to leave his house between 1pm-5pm on the weekend as well. Judge Kravitz granted this request.
Parties are expected to reconvene on June 6.