‘I Recognize I Have a Problem’ Says Stabbing Defendant At Sentencing

DC Superior Court Judge Marisa Demeo sentenced a stabbing defendant to 84 months of incarceration on Oct. 11.

On May 21, Donnell Smith, 45, pleaded guilty to assault with intent to kill for his involvement in a stabbing that occurred on Sept. 29, 2023 on the 2200 block of Adams Place, NE.

According to the prosecution, a woman sustained life threatening injuries during the incident, including a collapsed lung.

During the hearing, the prosecution requested Smith be sentenced to 84 months of incarceration, citing that this is not his first time being convicted for assaults, and the “defendant repeatedly resorted to assaultive behaviors.”

According to the prosecution, the victim was a mere bystander of an altercation between Smith and another individual, when Smith bumped into her and stabbed her multiple times. The prosecutor told Judge Demeo the victim sustained the collapsed lung, and had to get a chest tube in order to survive.

Terrence Austin, Smith’s attorney, requested a bottom of the guideline sentencing of 72 months, stating that Smith has battled substance abuse all his life, and is “truly committed to maintain his sobriety,” this time.

According to Austin, this is Smith’s most serious conviction, and “a life in a cage isn’t easy for anyone, especially someone [Smith’s] age.”

Austin told Judge Demeo Smith had an “atypical” childhood, stating his father passed away when he was young and his mother was “emotionally unavailable” for Smith. He added that Smith’s mom was not aware of the path he was taking at 15 when he began abusing drugs.

“He recognizes he has to do differently,” Austin told Judge Demeo, adding that he is “extremely remorseful.”

“I apologize to the young lady,” Smith told the Court, adding “I didn’t see me, I see a person that’s under the influence,” in a video of the incident that the prosecution provided.

“I’m not perfect… I recognize I have a problem,” Smith said, stating “this is the time to address it.”

“[He] has a desire to [change], he just needs an opportunity,” Austin proclaimed.

“Significant harm was done, a victim was stabbed,” Judge Demeo stated, adding that the harm the victim sustained is long lasting and isn’t over when the physical harm heals.

“There are demonstrations that he has engaged in behaviors that are dangerous to the community,” said Judge Demeo, citing his convictions of assaultive conduct, threats, and drug and weapon possessions.

Judge Demeo imposed the 84 month sentence, with three years of supervised release, stating that although it’s below the midpoint of the required 72-to-120 months range, she gives Smith credit for taking responsibility.

She recommended he go through mental health and drug assessments and treatment, trauma and anger management counseling, and ordered he stay away from the victim and incident location.

No further dates were set.

Acquittal Denied in Carjacking of A Scooter

DC Superior Court Judge Judith Pipe denied a motion for judgment of acquittal in an Oct. 10 carjacking trial before parties delivered their closing statements

Daquan Jackson, 28, is charged with unarmed carjacking for his alleged involvement in a March 3 carjacking incident of a scooter on the 1000 block of H Street, NE.

Jackson’s defense attorney, Sara Kopecki filed a motion for judgment of acquittal on the grounds that the prosecution had failed to establish Jackson ever maintained control of the vehicle he was allegedly “jacking”

Judge Pipe denied the motion, stating it was “close,” and ultimately deciding it was up to the jury to determine whether or not possession and control of the vehicle ever shifted from the victim to Jackson.

In closing statements, the prosecution laid out that Jackson had control of the victim’s scooter while holding the handlebars because that is where the steering and accelerator are located. Prosecutors equated Jackson’s actions to jumping in a running car, grabbing the steering wheel and placing feet on the pedals even while the driver of the car remains.

The prosecution bolstered their assertions citing that no stolen vehicle report was ever filed for the scooter, which Jackson claimed was his, and “the inference [that Jackson owned the scooter] requires leaps and bounds.”

“Mr. Jackson recognizes that scooter as his,” Kopecki argued during her statements.

Kopecki claimed Jackson had no intention to hurt the victim as there was never a point in time Jackson had control of the scooter. Kopecki argued that, given the size difference between the victim and Jackson, if Jackson wanted the victim off of the scooter, he could have done it.

Kopecki finished by stating that, “No one asked Mr. Jackson ‘do you want to talk to the police’” despite Jackson’s statements on scene that his bike was stolen and the fact that “no one has seen the title.”

Parties will reconvene when the jury reaches a verdict.

Witness Doesn’t Remember Driving a Murder Suspect to Crime Scene

A witness, identified as the defendant’s cousin, testified that she can’t recall driving the defendant to the site where the victim was killed in a hearing on Oct. 10 before DC Superior Court Judge Marisa Demeo.

Eugene Burns, 32, is charged with first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence for his alleged involvement in the shooting death of Onyekachi Emmanuel Osuchukwu III, on Nov. 14, 2015, on the 2900 block of Second Street, SE.

Burns was convicted of these charges in 2017, but the DC Court of Appeals overturned the verdict in 2020. The court ruled that investigators had searched beyond what was legally allowed.

Burns and Tyre Allen, 24, are also charged with conspiracy, obstructing justice by influencing or delaying a witness or officer, and obstruction of the due administration of justice. The charges stem from their alleged involvement in persuading and intimidating a witness who gave their testimony in Burns’ original trial.

The prosecution called the defendants’ cousin to the stand.

During her testimony, she failed to remember a majority of the events leading up to the incident in 2015. The prosecution refreshed her memory with the grand jury transcripts in which she testified that she had previously admitted to driving Burns to the location the incident took place on the night of the shooting – but claimed she had no recollection today.

The prosecution also called a witness that was a postal inspector at the time of the incident.

The prosecution asked him about 15 packages that were delivered from California to Burns’ mother’s home, where the murder occurred. According to the inspector, narcotics typically arrived at the location from California.

The prosecution called a cellular data analyst to continue his testimony about Burns’ phone messages.

The expert read outgoing messages from June 2015 and July 2015 revealing that Burns allegedly had a 9mm firearm in his possession. The messages appeared to have been deleted after they were sent.

The prosecution called the previous prosecuting attorney from Burns’ first trial in 2017.

According to the prosecutor, the case was the first that he received when he transferred into the homicide unit. He testified that he met Burns’ cousin who is also Allen’s brother, as he was a witness in the case. Afterwards, he crossed paths with him at a gym.

After the encounter, Allen’s brother messaged him, “Give me a call.” The attorney testified that he called the brother and he had a concerned tone to his voice. Later, the brother texted the attorney, “Can’t testify at no [trial].”

Appellate attorneys from the Public Defender Services (PDS) Claire Roth, Laura Hankins, and Shilpa Satoskar, were brought regarding concerns to attorney-client privilege during discussion of bringing in Burns’ previous attorney from 2015 as a witness.

Judge Demeo ruled parties could only question the attorney on facts, rather than opinions.

Parties are slated to reconvene Oct. 15.

Murder Victim’s Girlfriend Says Suspect Comforted Her After Shooting

The long-time high school girlfriend of a murder victim, who also knew the defendant, broke down in tears as she recalled messages when the defendant comforted her after she learned of the victim’s death. The testimony came during a jury trial before DC Superior Court Judge Marisa Demeo on Oct. 9.

Eugene Burns, 32, is charged with first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence for his alleged involvement in the Nov. 14, 2015, fatal shooting of 24-year-old Onyekachi Emmanuel Osuchukwu III on the 2900 block of Second Street, SE.

The victim’s girlfriend and Burns exchanged emotional messages about Osuchukwu, according to the witness.

She testified Burns sent her a message saying, “I still feel like this is my fault,” adding “I rushed him and stepped out and left the door unlocked for him.”

The witness responded, “What you mean somebody shot him in your house?” Burns replied, “Well that’s what he says when I come home the next day.”

Burns wrote, “It had to be for me and him,” adding, “O dies in my spot.”

Burns was convicted of the original charges in 2017, but the DC Court of Appeals overturned the verdict in 2020. The court ruled that investigators had searched beyond what was legally allowed.

Burns and Tyre Allen, 24, are also charged with conspiracy, obstructing justice by influencing or delaying a witness or officer, and obstruction of justice for their alleged attempts to persuade a witness to redact testimony from Burns’ first trial.

Osuchukwu’s girlfriend who knew him and Burns since high school was called as a witness. She stated that she and Osuchukwu started dating when they were 14-years-old. During that time, the witness testified, she was introduced to Burns and also became friends with him. She stated that Osuchukwu and Burns referred to each other as “best friends.”

She explained that she and Osuchukwu broke up when he went to college but then reconnected. She stated that she was close to him until the day he passed and would talk to him almost everyday.

She testified that in 2015 Osuchukwu was living in California but would come to DC once-or-twice a month. When Osuchukwu was in DC, he would either stay with her, Burns, or cousins, the witness testified.

The witness told the jury she assumed Osuchukwu was selling drugs because he didn’t have a job but had previously sold drugs in high school.

On Nov. 14, 2015, she picked Osuchukwu up at the airport in the morning, and spent the day with him at her house in Maryland. That night, around 7:30 p.m., she and Osuchukwu left for DC.

She testified she was dropping Osuchukwu off at Burns’s mother’s house, and she was heading to her cousin’s place in Virginia. Before they arrived, the witness testified, Osuchukwu was on the phone with Burns.

She told the jury that she dropped him off around 8:50 p.m. and never heard from him again that weekend, despite trying to contact him.

A few days later, she learned of Osuchukwu’s murder from his cousin and her friend.

The witness testified she contacted Burns over Instagram direct message because they were both close to Osuchukwu and she had dropped him off with Burns the last time she saw him.

The witness told the jury she and Burns agreed to rely on one another during that time.

She added she and Burns remained in occasional contact, but Burns failed to appear at Osuchukwu’s funeral. According to the witness, Burns left town and bought a new car.

Trial will resume on Oct. 10.

Judge Revokes Probation For Convicted Shooter

DC Superior Court Judge Judith Pipe terminated probation on Oct. 9 for a shooting defendant after his arrests in multiple jurisdictions.

In 2018, Cesar Morales, 29, was convicted of assault with a dangerous weapon, possession of a firearm during a crime of violence, possession of an unregistered firearm, unlawful possession of a firearm during a crime of violence, and prisoner escape. The charges stemmed from his involvement in a shooting that occurred on Aug. 25, 2017 on the 3000 block of 16th Street, NW.

Morales was re-arrested on Oct. 1 following a bench warrant’s being issued in May due to his failure to appear in court.

During the hearing, Judge Pipe canceled Morales’ probation, citing he had unsuccessfully completed the terms due to his new arrests and convictions in other jurisdictions.

No further dates were set.

Judge Denies Assault Acquittal in Stabbing Case

DC Superior Court Judge Heidi Pasichow denied a defendant’s motion for judgment of acquittal on Oct. 9 for an assault with a dangerous weapon charge, but allowed the parties to continue to argue about a charge of obstruction.

Warnell Reams, 57, is charged with assault with a dangerous weapon and obstruction of justice for his alleged involvement in a stabbing on June 5 on the 200 block of Vine Street, NW. One individual sustained injuries to his left arm and abdomen.

According to court documents, a suspect met the victim to get drugs. He returned sometime later to the scene because he believed he was not given all the drugs he paid for. After an argument, the suspect allegedly stabbed the victim twice in his left arm and once in the left side of his abdomen.

Michelle Lockard, Reams’ attorney, asked for an acquittal stating that the prosecution had failed to prove beyond a reasonable doubt that Reams is guilty.

Judge Pasichow believed that a reasonable person could conclude guilt for the first count of assault with a dangerous weapon, but not for the charge of obstruction of justice. She explained that during prison calls, during which prosecutors claimed Reams attempted to coerce a witness, did not indicate the defendant initiated coercion, or trying to protect of a second person.

She told parties they could continue making arguments for the obstruction charge on Oct. 10.

During the trial, the prosecution called the manager of the property where the incident occurred.

She revealed she received a phone call from one of the tenants explaining the incident. She testified she called the police and they asked her to pull video footage for their investigation.

The prosecution showed video footage of a person identified as the victim walking to the third floor of the building, and entering the apartment of the person who made the call. The footage depicts the victim going to the fourth floor to another apartment. As he leaves, a building resident follows him to the garage where there is some commotion, but it’s not completely visible.

Lockard asked the property manager about the officer’s requesting the video footage. According to her, the officers asked her to pull video footage from specific times and she did not review any footage from different time periods.

One of the officers testified he met the victim at a Metro station.

After following the victim to the hospital, the victim informed the officer that the suspect was a man named ‘Skinny’ whose first name is Wendell or Warnell.

A second officer testified about the photo array he created for detectives to use in the investigation.

Lockard crossed the officer and revealed that the photo array document was not signed by the detective who used it, and there were missing fields in the document.

Prosecutors also called on another officer that responded to the scene, and displayed his body worn camera (BWC) footage.

The footage depicted the officers going downstairs and the neighbor pointed out the individual who had previously exited the elevator as Wendell. The officers stopped him but quickly released him afterwards. According to the officer, the individual had a blood stain and was seen with an injury to his left ankle.

A fourth police officer was called to the stand to testify.

The officer was dispatched to the incident and observed Reams, who matched the description of the person of interest, leave the apartment complex. The officer stopped Reams and asked him a couple of questions before he began to run away. The officers detained him after some time and arrested him for assault with a dangerous weapon and theft.

During the last officer’s testimony, the prosecution brought up audio from prisoner calls between Warnell Reams and an unknown individual. The audio played a person saying, “Tell him not to come,” and, “He ain’t going to come,” which the officer identified as Reams.

During cross examination, Lockard revealed that when the officers stopped Reams, he did not have any weapons on his person.

Parties are slated to reconvene Oct. 10.

Officer Testifies Suspect is Carjacker

A Metropolitan Police Department (MPD) officer who observed a carjacking as it was happening identified the defendant as the perpetrator before a jury in DC Superior Court Judge Judith Pipe’s courtroom on Oct. 9.

Daquan Jackson, 28, is charged with unarmed carjacking for his alleged involvement in an incident on March 3 on the 1000 block of H Street, NE.

According to court documents, Jackson and another individual were riding scooters, when Jackson allegedly attempted to remove the victim from the scooter. Officers pulled over the suspect “in an attempt to stop what appeared to be an active carjacking.”

Prosecutors called on the victim, who testified through an interpreter that he was delivering a DoorDash order on his scooter when he was jumped. He testified he was scared, as he only understood the vulgarities being yelled at him. According to the victim, the carjackers approached him from the right and forced him off the scooter.

Sara Kopecki, Jackson’s attorney, wanted to question the victim about his immigration status, claiming he’s in the United States illegally. However, Judge Pipe denied the request to question him, stating it was biased and irrelevant to the case.

An officer, who was present at the scene when the incident occurred, testified that two individuals were riding a scooter near him, when one got off and began to carjack the victim. The officer’s body-worn camera footage was shown to the jury, which depicted the officer quickly getting out of the car and running towards what appeared to be Jackson trying to grab onto the scooter.

The officer testified that Jackson was “somewhat” compliant when arrested and that he had claimed “that’s my bike…it was stolen.” The officer supposedly responded by questioning his decision to carjack it back.

The officer stated that the carjacking was identified as a robbery, since Jackson had his hands on the vehicle, in a grip, while it was still on. He argued that since Jackson had possession and control over the vehicle, it was also a carjacking.

Parties are scheduled to reconvene Oct. 10.

Carjacking Suspect Gets Drug Screening

A carjacking defendant’s preliminary hearing was delayed on Oct. 10, as he requested a drug evaluation and treatment before DC Superior Court Judge Heide Herrmann.

Tony White, 53, is charged with unarmed carjacking, simple assault, and leaving after colliding with property damage, for his alleged involvement in a carjacking on Sept. 20 on the 2300 block of 18th Street, NE.

According to court documents, White allegedly stole a vehicle and caused a collision. During arrest, the defendant allegedly punched a police officer.

During the hearing, defense attorney Craig Ricard requested the preliminary hearing be continued, and Judge Hermmann order White go through a drug screening for potential drug treatment.

The prosecution did not object, and Judge Herrmann granted the request.

The parties will reconvene on Oct. 18.

Armed Carjacking Defendant Waives Right to Preliminary Hearing

A carjacking defendant waived her right to a preliminary hearing, granted by DC Superior Court Judge Heide Herrmann in an Oct. 10 hearing.

She’ri Mykalie Bell, 20, is charged with armed carjacking, possession of a firearm during a crime of violence, and carrying a pistol without a license for her alleged involvement in a carjacking incident on May 5 on the 100 block of Kenilworth Avenue, NE.

According to court documents, a suspect, identified as Bell, and the victim had agreed to meet for a FaceBook Marketplace transaction, in which Bell had shown interest in purchasing the victim’s vehicle. During the incident, Bell allegedly drove away in the victim’s vehicle, without paying for it.

Defense attorney Peter Cooper, standing-in for defense attorney Thomas Lester, alerted Judge Hermmann of Bell’s desire to waive her preliminary hearing rights.

Cooper did not request that Bell be released, stating that Bell should have the benefit of her attorney, who has the best knowledge of the incident, to make the arguments for release.

The prosecution argued that given the details of the case, Bell poses a threat to the community. She added that DNA evidence links the defendant to the stolen car and the gun in the case, most likely tying Bell to the incident.

Judge Herrmann ruled in favor of the prosecution. She stated that there are no conditions under which she can release Bell without reasonably ensuring the safety of the community.

The prosecution alerted Judge Hermmann that parties are in plea negotiations.

The parties will reconvene on Nov. 20.

Homicide Defendant Accepts Plea Deal

A homicide defendant accepted a plea deal extended by prosecutors before DC Superior Court Judge Michael O’Keefe on Oct. 10.

Trevon Devore, 24, was originally charged with first-degree premeditated murder while armed and possession of a firearm during a crime of violence for his involvement in the fatal shooting of 27-year-old Daqual Covington on May 17, 2021, on the unit block of O Street, SW.

During the hearing, Devore’s attorney, Veronice Holt, alerted the court of his intent to accept a deal extended by prosecutors. The deal required Devore to plead guilty to voluntary manslaughter while armed, in connection to this incident, and carrying a pistol without a license, in connection to a 2020 incident in which he was found to be illegally carrying a weapon.

Through the deal, the prosecution agreed to dismiss all other charges, and not seek a sentence longer than 12 years of incarceration.

According to the prosecution, had the case gone to trial, they would have proven beyond a reasonable doubt that Devore, while walking with a group of individuals, shot Covington in the back and killed him. The prosecutor argued Devore acted with the intent to injure or kill Covington, and with disregard for his life.

A sentencing hearing was scheduled for Dec. 13.

Judge Sentences Metro Station Shooting Defendant to 24 Months

DC Superior Judge Andrea Hertzfeld sentenced a non-fatal shooting defendant to 24 months, with a year of probation, and three years of supervised release in an Oct. 10 hearing.

On Aug. 7, Desean Delaney, 31, pleaded guilty to assault with a dangerous weapon, for his involvement in a shooting which occurred on April 8, at the NoMA-Gallaudet Metro Station on the 200 block of Florida Avenue, NE.

According to court documents, Delaney took out his handgun after a physical altercation with the victim, which ended with the gun being discharged. The victim and defendant both ended up on the track of the NoMa-Gallaudet Metro Station, and the defendant left the station, as the victim was assisted off the tracks.

During sentencing, the prosecution asked for a 24 month sentence with 12 months of supervised probation. They argued this was the necessary sentence by showing the surveillance footage of the incident, indicating the seriousness of the crime, and argued the defendant should be held accountable for his actions.

Elliot Queen, Delaney’s attorney, requested an 18 month sentence, arguing that the defendant in court and in the surveillance footage are two different people, but acknowledged that this was a very dangerous offense which Delaney admits.

Judge Hertzfeld sided with the prosecution, and sentenced Delaney to 24 months, with 14 months suspended, with three years of supervised release, and one year of probation. Additionally, she ordered a mental health screening for Delaney’s’ anger management issues, and a substance abuse assessment based on past drug abuses.

No further dates were set in this case.

Court Appointed Conflict Lawyer Released from Armed Carjacking Case

A conflict lawyer appointed to investigate a potential conflict between the defendant and his court appointed lawyer was released from the case before DC Superior Court Judge Heidi Pasichow on Oct. 9.

Raymond Davese, 38, is charged with unarmed carjacking and assault with a dangerous weapon for his alleged involvement in an armed carjacking incident on the 200 block of Tingey Street, SE that occurred on June 7. One individual sustained injuries to the right side of the neck.

According to court documents, the victim was parking a customer’s vehicle as she was working valet. After parking and exiting the vehicle, the suspect immediately put the victim in a headlock and deployed an electrical shock on the right side of her neck. The victim fell limp and the suspect took all her belongings before fleeing the scene in the client’s vehicle.

Defense attorney Peter Cooper, appointed as a conflict lawyer, notified the court of a potential conflict between Davese and his attorney, Michael Madden. After discussing the matter with Davese, Cooper identified the issue stemming from previous representation.

Judge Pasichow emphasized the defendant did not have the ability to discard court appointed attorneys until he found one he liked, unless he was willing to pay for his own attorney.

Madden explained that the conflict had to do with a prior trial in which the defendant acted as a witness against Madden’s then-client.

Following a private conversation with Judge Pasichow, the conflict was resolved, and she ruled there was no need for Cooper.

Parties alerted Judge Pasichow they are in plea negotiations.

Parties are slated to reconvene Oct. 31.

Jury Acquits 57-Year-Old Stabbing Defendant

A jury in DC Superior Court Judge Heidi Pasichow’s courtroom found a defendant not guilty on two counts on Oct. 11.

Warnell Reams, 57, was acquitted of assault with a dangerous weapon and obstruction of justice for his alleged involvement in a stabbing on June 5 on the 200 block of Vine Street, NW. One person sustained injuries.

Throughout the trial, the prosecution attempted to prove that Reams allegedly met the victim to buy narcotics.

The prosecutor said Reams allegedly returned to the scene sometime later because he was under the impression that he was missing drugs he bought.

After an argument, Reams allegedly stabbed the victim twice in his left arm and once in the left side of his abdomen.

The prosecution argued that the victim was actually acting in self-defense, but was disputed by Michelle Lockard, Reams’ attorney, who argued he had just enough time to turn around to see the victim was swinging a knife at him, and they engaged in a physical altercation that, according to Reams, led the victim to cut himself by mistake and land on the knife.

No further dates were set.

Judge Denies Requests to Toughen Release Terms for Homicide Suspects

The prosecution argued for stricter release conditions for two homicide defendants but DC Superior Court Judge Maribeth Raffinan denied the requests on Oct. 9.

Jahi Rapp, 21, and Amarii Fontanelle, 21, are charged with two counts of premeditated first-degree murder while armed, four counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, and aggravated assault knowingly while armed. These charges stem from their alleged involvement in the fatal shooting of 19-year-olds Reginald Cooper Jr. and Davonte Berkley and injury of another individual in an apartment building on the 1300 block of Congress Street, SE on Oct. 17, 2022.

At the hearing, the prosecution offered a motion for Rapp, who is released on GPS monitoring, to be ordered to be in home confinement.

Jesse Winograd, Rapp’s defense attorney, argued that since Rapp was fully compliant with his current release conditions and has a stable job working in a warehouse for UPS there is no need to “step down” to home confinement.

The prosecution modified their request, asking Judge Raffinan to order Rapp provide proof of his employment to his case manager and check in by phone weekly. The prosecution also asked for a curfew to be instituted.

Winograd once again argued against this request saying a curfew was an “unnecessary imposition” given Rapp’s compliance.

Judge Raffinan denied the request for curfew but modified Rapp’s release conditions to require him to provide proof of employment to his case manager and check in by phone weekly. Rapp was also issued four new stay-away orders, one being from his co-defendant.

Fontanelle had reportedly violated his home confinement and one of his stay-away orders at the end of September. Both the prosecution and Pretrial Services Agency (PSA) requested for Fontanelle to be removed from the electronic monitoring program but for his release to be revoked.

Kevin Mosley, Fontanelle’s defense attorney, informed the court that Fontanelle may have been struggling to comply with home confinement because he is staying with his aunt whose boyfriend dislikes him and forces him out of the premises.

Judge Raffinan denied the request to revoke Fontanelle’s release “today” and asked for PSA to provide a more detailed report on how many times Fontanelle left his home and which specific stay-away orders he violated. A status hearing to discuss the report and Fontanelle’s compliance was scheduled for Oct. 17. Fontanelle was also issued a stay-away order from his co-defendant.

All parties are slated to reconvene on Dec. 3.

Shooting Defendant Waives Preliminary Hearing, Released With Stay Away Order

A shooting defendant waived his right to a preliminary hearing, and DC Superior Court Judge Anthony Epstein granted the suspect’s request for his release on Oct. 9.

Demetry Ferguson, 30, is charged with assault with intent to kill while armed and possession of a firearm during a crime of violence, for his alleged involvement in the shooting of a victim on Sept. 8 on the 4400 block of E Street, NW.

According to court documents, the victim is Ferguson’s baby’s mother’s new boyfriend.

Defense attorney Steven Kiersh waived Ferguson’s right to a preliminary hearing, and alerted Judge Epstein the parties are in plea negotiations.

Kiersh requested Ferguson be released from jail with GPS monitoring, arguing he has strong familial support and lacks a criminal history.

Due to the nature of the events, the prosecutor disagreed. She explained that the defendant allegedly fled the initial incident and was found three weeks later allegedly with enough marijuana to distribute, which is a felony.

The prosecution added that the shooting occurred in front of Ferguson’s three-month-old daughter, and added that two pre-teen children were also present in the home. The prosecutor insisted that, had the children been close to the victim, they could have been harmed.

Kiersh insisted the drugs are not relevant to this case, and should not play a role in Judge Epstein’s decision. He suggested the court issue a stay-away order, preventing Ferguson from going near the house where the incident occurred and away from the victim himself.

Judge Epstein granted the request, and ordered Ferguson to be released with GPS monitoring. He also issued stay-away orders, and a curfew between the hours of 10 p. m. and 6 a. m.

The parties are set to reconvene on June 20, 2025.

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