Judge Warns Prosecution to Strengthen Case Before Trial

By D.C. Witness Staff - July 29, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

During a preliminary hearing on July 26, a DC Superior Court judge told the prosecution there was probable cause to hold a murder defendant, but the case would fail at trial.

Delonta Daniel, 32, is charged with first-degree murder while armed for allegedly shooting 25 year-old Bernard Jarvis on the 2400 block of 14th Street, NE on June 28. Jarvis, who was a resident of Hyattsville, Md., died on the scene.

Judge Danya Dayson found probable cause to hold Daniel, but said she was “concerned about the level of proof in this case.” Judge Dayson told the prosecution that the defendant would almost certainly be acquitted at trial unless the prosecution brings a much stronger case than the one presented at the preliminary hearing.

Kristin McGough, Daniel’s defense attorney, questioned a Metropolitan Police Department detective about his ability to identify Daniel as the shooter.

The detective said an unnamed witness described the shooter to an officer and the officer believed the description fit Daniel.

When the defense asked how the suspect was described, the detective said he was described as a heavy-set black man with a beard who was wearing a headband. The detective said the witness did not name Daniel as a suspect. The witness also told the officer that the suspect was from a specific family that was not connected to Daniel.

Judge Dayson found probable cause to hold Daniel on the grounds that the officer interacted with Daniel on several occasions in the past.

However, Judge Dayson also said that she did not know the witness’s knowledge in the case. Judge Dayson said the witness identified someone else, and did not know of Daniel.

Judge Dayson also said the officer, who identified Daniel, did so without looking at video recordings of the crime. Apparently, the officer also failed to present the witness with an image of the defendant.

Daniel is scheduled for a felony status conference on Sept. 11.