A stabbing defendant waived his preliminary hearing before DC Superior Court Judge Charmetra Jackson Parker on March 23.
Andre Towsend, 48, is charged with assault with a dangerous weapon and assault with significant bodily injury for his alleged involvement in a stabbing that took place at 801 East Men’s Shelter, located at the 2700 block of Martin Luther King Jr. Avenue, SE on March 19. The victim sustained a stab wound to the right side of his neck.
At the hearing, Towsend’s attorney, Edward Joseph, alerted parties that his client intended to give up his right to a preliminary hearing of the evidence against him.
Judge Parker made sure that Towsend’s waiver was knowing, voluntary, and intelligent.
Joseph said he wanted to argue against probable cause in the case, based on the arrest warrant.
Judge Parker explained that because Towsend chose to waive his preliminary hearing, parties could not make arguments on probable cause. After consideration, Joseph decided to keep the waiver in place.
Joseph then argued for his client’s release, explaining Towsend is employed and has his own apartment. In addition, Joseph stated that the incident was not an “out of the blue attack,” and explained the victim stole Towsend’s phone and he was trying to retrieve it.
The prosecution argued against Towsend’s release, noting that Towsend was at a shelter at the time of the offense and they are unsure about his housing status. The prosecution also added that a detective in this case described the victim as “a centimeter from death.”
Judge Parker released Towsend because Joseph said he could provide proof that Towsend has stable housing. Towsend will be released with GPS monitoring, a curfew from 5 p.m. to 6 a.m., and a stay-away order from the victim and the shelter. Judge Parker also ordered Towsend to drug test weekly with the Pretrial Services Agency (PSA) and receive a mental health screening.
Parties are slated to reconvene on April 27.
