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By
Zakiyia Ortiz [former]
- October 18, 2022
Court
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Daily Stories
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Homicides
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Juveniles
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Shooting
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Suspects
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Victims
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On Oct.17, DC Superior Court Judge Robert Okun ruled the nature and the facts of a shooting of a 23-month-old baby were tragic and negligent, but he believes there are ways to cope.
JD Wheeler, 23, is charged with second-degree murder in connection to the shooting of 23-month-old Legend King Wheeler on the 2300 block of Chester Street, SE on Nov. 24, 2021.
Judge Okun ruled there was no established probable cause for second-degree murder because Legend’s death was not caused by a conscious disregard but a gross deviation to involuntary manslaughter.
Wheeler’s gun did cause the projectile to fire in the living room resulting in Legend’s death, but the facts do not weigh heavy enough to rule in favor of the original charge of second-degree murder.
The prosecutor argued that Wheeler should remain detained because he acted in a form of negligence after being told by the court not to possess a firearm from a previous case where Wheeler was convicted for carrying a firearm outside of his home or place of business.
Jacqueline Cadman argued that Wheeler is not a threat to society because he only had one prior conviction for a non-violent charge.
Judge Okun spoke with Pretrial Services (PSA) and granted Wheeler’s release, placing him on home confinement under the high-intensity supervision program (HISP). Wheeler must also complete his high school education while under the supervision of PSA.
The next hearing is scheduled for Feb. 16.