DC Superior Court Judge Neal Kravitz denied a defense motion for release on June 4 in a non-fatal stabbing case reopened by the DC Court of Appeals.
Onzay Gibbs, 36, is charged with assault with intent to kill while armed and aggravated assault knowingly while armed for his alleged involvement in a non-fatal stabbing on Sept. 15, 2016 on the 3300 block of 23rd Street, SE. The victim sustained multiple sharp force injuries to his face, neck, and body.
A jury convicted Gibbs in 2018, however the conviction was vacated on April 23 by the DC Court of Appeals. The appellate body ruled that the cell phone evidence used in the trial infringed on Gibbs’ constitutional rights.
Judge Kravitz asserted that “this is an extremely violent offense,” and noted Gibbs’ was on probation in Virginia for a malicious wounding charge at the time of his conviction. The judge cited Gibbs’ criminal history to determine that “there are no reasonable conditions that will assure safety” of the community if Gibbs were released.
According to a mandate filed on May 15, the appellate court overturned the previous conviction because the warrant used to grant access to Gibbs’ phone violated the Warrant Clause of the Fourth Amendment, which requires the writs to have a high degree of specificity in order to protect individuals’ privacy. Defense attorney Terrence Austin pointed out that the prosecution relied “materially” on cell phone evidence that has now been suppressed.
Austin also voiced concerns regarding the defendant’s time in jail and prison, asserting that he has been detained for almost 10 years. Austin also noted Gibbs is working to earn certifications and enrolled in programs to emphasize his employability upon release.
Judge Kravitz warned the prosecutor to “take a close look” at the viability of their case. He asserted that it would be a “miscarriage of justice” for the prosecution to pursue the case and dismiss it at a later date.
The prosecutor emphasized her commitment to evaluating the case before proceeding, and said that she is not “sitting on her hands.”
The parties are slated to reconvene on July 10 when the prosecution is expected to decide whether to continue with the case.
