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By
Sadie Herman [former]
- September 26, 2023
Court
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Daily Stories
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Non-Fatal Shooting
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Shooting
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Suspects
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Victims
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On Sept. 26, DC Superior Court Judge Rainey Brandt accepted a defense motion to sanction prosecutors over their handling of evidence in a non-fatal shooting case.
Kenneth Davis, 44, is charged with four counts of assault with intent to kill while armed, one count of assault with a dangerous weapon, six counts of possession of a firearm during a crime of violence, and one count of unlawful possession of a firearm for his alleged involvement in a non-fatal shooting on the 1600 block of Eastern Avenue, NE, on May 19, 2021. The incident left one individual suffering from non life-threatening injuries.
On Sept. 21, Marnitta King, Davis’ defense attorney, filed a motion to request sanctions against prosecutors for not giving the defense discovery of outstanding evidence.
Judge Brandt agreed there was a so-called Rule 16 violation because the defense didn’t have access to crucial information. She explained that this evidence could have been potentially exculpatory for Davis.
A Rule 16- Discovery violation is related to the prosecution having to disclose to the defense any evidence that may be relevant and beneficial to their case.
Due to the violation, Judge Brandt imposed a sanction that allows the defense to cross-examine a representative from the Metropolitan Police Department (MPD) about the integrity of their investigation.
Parties are expected back in court Nov. 14.