DC Superior Court Judge Michael Ryan granted the prosecution’s request to release two non-fatal shooting defendants on Sept. 3.
Xavionte Cockrell, 20, and Jamari Kelly-Lean, 16, are charged with assault with intent to kill while armed, assault with a dangerous weapon, and two counts of possession of a firearm during a crime of violence for their alleged involvement in the shooting of an individual on Aug. 23 on the 1500 block of Good Hope Road, SE. An individual sustained two gunshot wounds to the lower extremities during the incident.
Kelly-Lean is charged as an adult under Title 16 which give prosecutors the option to charge juveniles as adults in more serious offenses.
During the preliminary hearing, the prosecution requested the parties not proceed with a detective’s testimony, and that Judge Ryan release the defendants to home confinement with GPS monitoring in order for the prosecution to have more time to investigate the case.
Lisbeth Sapirstein, Cockrell’s attorney, did not oppose the defendant’s release, but asked it be on his personal recognizance, without GPS. According to Sapirstein, she is in the process of collecting surveillance footage that could prove Cockrell was not involved in the shooting, or knows any of the suspects.
Sapirstein claimed Cockrell was walking near the scene from a bus station when he encountered police who tackled him. “There’s actual innocence here,” Sapirstein asserted.
She also stated the GPS and home confinement conditions weren’t necessary, citing Cockrell’s lack of criminal history. She called out Cockrell’s family in court, including his mother, girlfriend, and one-year-old son, highlighting their support.
“I’m fairly confident he had nothing to do with this,” Sapirstein told Judge Ryan.
Likewise, Henry Druschel, Kelly-Lean’s lawyer, opposed the prosecution’s request to postpone, stating if the reason for the delay is the prosecution not being prepared he’d be motioning for dismissal.
“We’re using an abundance of caution to release the hold and ensure we have the evidence ready,” the prosecution countered.
Druschel said he also has evidence that Kelly-Lean is innocent, providing surveillance footage of Kelly-Lean and another individual allegedly at a store at the time of the incident.
Druschel also provided another video that he claimed showed Kelly-Lean with another person exiting a building and seating on steps. A few moments later, the suspect vehicle is seen arriving at the location where the suspects allegedly ditched it, and the two individuals, who Druschel claims are his client and his companion, began to run.
The video further showed the four suspects run after the two kids on the steps, before all of them were apprehended by law enforcement.
“He’s a 16-year-old child,” Druschel told Judge Ryan about Kelly-Lean. According to Druschel, Kelly-Lean should’ve been starting 11th grade, but has been unable to do so due to his incarceration. “He’s never been arrested or in trouble before,” Druschel continued, asking he be released without conditions.
“I presume good faith,” Judge Ryan said about the prosecution’s decision to not go forward with the hearing, adding “it’s reasonable to give them more time to evaluate the evidence they have.”
Judge Ryan further stated he understood the defense’s level of outrage, stating the defendants “[don’t] have aspects that demonstrates any concern for public safety.” He released Cockrell and Kelly-Lean on their own personal recognizance.
Parties are slated to reconvene Sept. 14.
