Judge Won’t Dismiss Shooting Case on Constitutional Grounds

By Sofia Feigelson [former] - June 17, 2024
Court | Daily Stories | Non-Fatal Shooting | Shooting | Suspects | Victims |

DC Superior Court Judge Heidi Pasichow denied a motion to dismiss an assault case involving two victims in a June 14 hearing. The judge disregarded the defense’s argument that their client’s constitutional right to a fair trial has been violated but acknowledged they are entitled to key prosecution evidence.

James Guillory, 24, is charged with two counts of assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and carrying a pistol without a license, for allegedly shooting two individuals on June 15, 2023 at the 4600 block of Hillside Road, SE. 

According to court documents, a male victim was shot in his upper right thigh and a female victim was shot in her nose during the incident. A Metropolitan Police Department (MPD) detective presented a photo array to the female victim and she immediately identified the shooter in a photograph, which showed an individual identified as Guillory.

At the hearing, Judge Pasichow heard arguments from both parties regarding the admission of evidence, which the defense argued the prosecution didn’t share by the deadline, negatively impacting Guillory’s right to a fair trial.

According to Guillory’s attorneys, Varsha Govindaraju and Gail Engmann, the prosecution has also failed to disclose impeachment material, which falls under exculpatory evidence, regarding the two victims’ criminal history, as well as their interactions with police. In other words, their evidence could be compromised.

“There has not been any bad faith,” said the prosecution in response to the defense’s statements.

The defense stated that both victims have “significant crime history,” involving domestic violence, and evidence could prove a motive to lie about the incident. They stated their goal is to illustrate the victims’ “corruption bias” and impeach their credibility. 

In turn, the defense attorneys requested body-worn camera footage, 911 calls, radio runs, police reports, and any statements made to officials involving the two victims. 

They argued that they need the evidence to build their case not just cross-examine the witnesses, as the prosecution claims.

According to the prosecution, they have given the defense a “wealth of impeachment information.”

In the end, Judge Pasichow acknowledged that the main witnesses in this case would be the two victims, and ruled that the evidence the defense requested could be considered exculpatory evidence and could serve as an important part of their defense case. 

Jude Pasichow also postponed the trial date by more than two weeks due to pending motions. She stated, “I think it’s going to be impossible” to start on the previously scheduled date.

Parties are slated to meet on June 27.