Judge Releases Defendant to Home Confinement

By D.C. Witness Staff - June 29, 2020
Court | Daily Stories | Homicides | Suspects | Victims |

A DC Superior Court judge found probable cause in a case that involved a shooting, choosing to release the defendant under the high intensity supervision program (HISP).

D’Angelo Phillips was charged with assault with a dangerous weapon and unlawful possession of a firearm on March 5. 

After hearing arguments from counsel, Judge Robert Okun ordered that Phillips be screened for home confinement.

All parties agreed that there was probable cause for the unlawful possession of a firearm charge. However, Phillips’ defense attorney Terrence Austin argued that there was no probable cause for the assault with a dangerous weapon charge. 

Judge Okun found probable cause for the assault charge, calling his ruling a “close call”. The judge said that while there was probable cause for some of the victims, there was not probable cause for all of the victims.

Judge Okun said he based his ruling on the testimony of the lead detective who spoke on behalf of a responding officer.

According to court documents, on March 5, the responding officer was on patrol in full uniform when he heard gunshots.

The officer said he saw the defendant standing on the west side of the 2000 block of 14th Street, NW. The officer said the defendant was shooting at a group of people standing on the other side of the street.

The police have only named one of the people Phillips’ allegedly assaulted.

Phillips has a prior conviction for attempted distribution of a controlled substance, according to DC Courts.

When Phillips was arrested, officers found a Glock 22 .40 caliber semi-automatic handgun on the ground near him between two vehicles. There was one round in the chamber and another in the magazine.

The gun was reported to have been stolen from the US Marshall Service on Nov. 3, 2019.

On June 29, Austin questioned the lead detective about the use of alcohol by witnesses on the night in question. According to the detective, one witness had a couple of drinks, and another appeared to show signs of intoxication. 

Austin also pointed out that one of the witnesses needed glasses to identify the defendant, and it is not known if that witness was wearing glasses at the time of the incident. 

Austin requested that Phillips to be released on home confinement with his mother while awaiting trial, pointing out that he helps take care of several family members. Austin also raised concerns about the presence of the coronavirus at the DC Jail.

The defendant has been held in preventative detention for almost three months.