Judge Revokes Release For Defendant Accused in The Death of 23-Month-Old Son

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DC Superior Court Judge Neal Kravitz revoked conditions of pre-trial release for a homicide defendant on Jan. 31. 

JD Wheeler, 26, is charged with second-degree murder, first-degree cruelty to children, second-degree cruelty to children, carrying a pistol without license, possession of an unregistered firearm, unlawful possession of ammunition, tampering with physical evidence and contempt of court, all committed while on release in another matter, for his alleged involvement in the fatal shooting of his son, 23-month-old Legend Wheeler. The incident occurred on the 2300 block of Chester Street, SE on Nov. 24, 2021. 

The prosecution filed a motion to revoke conditions of release due to Wheeler’s being on probation for an unrelated matter when he was arrested in the latest case. Legend suffered an accidental self-inflicted gunshot wound to the head after the defendant allegedly left the weapon unsecured in his residence. 

In their motion, filed on Jan. 20, the prosecution cited the nature and circumstances of the offense, the weight of the evidence, and Wheeler’s criminal history as reasons why Judge Kravitz should revoke his release conditions, aside from multiple violations reported by the Pretrial Services Agency (PSA). 

According to court records, Wheeler, who has been on release since Oct. 17, 2022, was arrested on Nov. 27, 2024 for illegally possessing a firearm despite having an order to relinquish, or give up, his guns. 

Sylvia Smith, Wheeler’s attorney, argued that the defendant has been compliant in the past by regularly passing drug tests and appearing in court when summoned. Smith claimed that Wheeler was a productive member of the community, and any past GPS monitor violations were due to the defendant’s leaving for work early in the morning. 

Smith also stated that “possessing a firearm is not a dangerous crime,” and requested that Wheeler remain free pending future proceedings. 

Judge Kravitz revoked Wheeler’s release and ruled he will continue held pending trial. 

Parties are slated to reconvene July 11.