Judge Releases Homicide Defendant, Despite Finding Probable Cause

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DC Superior Court Judge Danya Dayson found probable cause that a defendant was the perpetrator in a homicide but allowed him to be released, during a hearing on Jan. 14.

Jeremiah Simms, 25, is charged with voluntary manslaughter while armed for his alleged involvement in the fatal shooting of Erik Mewborn, 44, on Sept. 14, 2024 on the 2200 block of Adams Place, NE.

According to a Metropolitan Police Department (MPD) document, the incident took place outside of a homeless shelter in the early morning hours following an alleged shootout between Mewborn and Simms. The precipitating event, say police, was Simms allegedly attempting to rob Mewborn immediately after some of Simms’ property had apparently just been taken by someone else.

Shortly afterward, according to the police affidavit, the suspect, Simms, approached Mewborn and said, “It’s been long enough, give me your shoes and those pants.”

The surveillance video presented in the hearing on Jan. 8 showed a confrontation brewing between the pair as they circled around a black SUV. Both individuals were seen brandishing firearms, with Mewborn appearing to shoot first and the individual identified as Simms returning fire with muzzle flashes visible at least three times.

“The victim was running out of options,” trying to get away from Simms who was recklessly continuing to shoot, according to the prosecutor. He claimed that Simms was the original aggressor and the Mewborn felt trapped.

Another clip showed Mewborn, according to the lead detective, fleeing with Simms in pursuit, when Mewborn falls to the ground, mortally wounded.

During the hearing, Simms’ attorney, Mani Golzari, argued Simms acted “in the heat of the moment” thinking he was in danger even during the pursuit. “It’s the most serious escalation anyone can imagine,” said Golzari of Mewborn’s pulling a gun.

However, Judge Dayson ruled there’s sufficient evidence for probable cause Simms committed the crime and stated that self-defense was not a justified defense.

After two days of debate Judge Dayson granted Golzari’s request to release Simms to home confinement due to his lack of criminal history and extensive family support.

Prosecutors objected, stating that the defendant’s home contained drugs and firearms that could potentially threaten the safety of the community. However, Golzari told Judge Dayson the defendant’s clean record ensures he won’t violate his release conditions.

Judge Dayson ordered Simms to reside with his aunt and he will have a GPS monitor installed.

Parties will reconvene Feb. 24.