Judge Upholds Probable Cause Following Defense Challenge 

By Ayda Atici [former] - February 28, 2024
Daily Stories | Non-Fatal Shooting |

On Feb. 28, DC Superior Court Judge Marisa Demeo rejected a motion to dismiss a non-fatal shooting case on constitutional grounds during a re-opened preliminary hearing.

Tyshay Moore, 26, is charged with assault with intent to kill, possession of an unregistered firearm, and possession of a large capacity ammunition feeding device for her alleged involvement in a non-fatal shooting on May 10, on the 800 block of 7th Street, NW. 

On Jan. 10, Hannah Claudio, Moore’s defense attorney, filed a motion to dismiss due to so-called Napue and Jencks violations. According to Justia Law, a Napue violation is the knowing use of false testimony by prosecutors, including testimony affecting only the credibility of witnesses but not directly touching on the innocence or guilt of a defendant. This, nonetheless, violates the due process clause of the Fourteenth Amendment guaranteeing fair treatment.

In the written motion filed with the court, Claudio claims that during a preliminary hearing, prosecutors allowed a detective to give false testimony. 

On Feb. 28, the prosecution called the detective back to the stand to discuss his handwritten notes that previously had not been disclosed to the court. He testified that he had taken notes regarding the witnesses’ testimonies during his investigation.

During direct examination, he stated that one witness had described the shooter as a heavyset black woman. However, in the security camera footage of the shooting, the shooter did not match this description.

During cross-examination, the detective testified that another witness had stated that he “heard shot three, pulled pistol.” The detective stated that he had interpreted this to mean that the witness had seen the shooter pull out a pistol, and then had heard three shots fired from the pistol.

Neither party made any new argument.

Judge Marisa Demeo upheld her prior probable cause ruling, and did not make any further findings. 

Parties are slated to return to court on May 17.