Stabbing Defendant’s Request For Release Amid Health Issues Denied

DC Superior Court Judge Andrea Hertzfeld denied a stabbing defendant’s request for release during a July 9 hearing.

Hollyman McQueen, 59, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that occurred on May 8 at the Washington Nursing Facility on the 2400 block of 25th Street, SE.

According to court documents, McQueen was allegedly upset he got a roommate at the facility. The two got into a disagreement about the lighting in the room, and McQueen pushed the victim on his bed and stabbed him in the back of the knee.

Henry Escoto, McQueen’s attorney, said McQueen should be released because he isn’t receiving the necessary healthcare that he needs at the jail. “He is not getting the same care he was getting at the nursing home,” said Escoto.

Judge Hertzfeld asked the defense to file a written motion asking for the release of McQueen, denying the oral request.

During the hearing, McQueen also became angered and confused that Escoto was still on his case after he allegedly fired him. “What are you doing here,” said McQueen, adding “He’s fired.”

Judge Hertzfeld stated that she would address McQueen getting a new defense attorney at the next hearing.

“I don’t want to see his face no more,” McQueen said as he left the courtroom.

Parties are slated to meet July 23.

Shooting Case Delayed Due to Attorney’s Late Appearance

A shooting defendant’s case was delayed due to her attorney forgetting about a hearing regarding discussions on a motion for release and a plea offer in front of DC Superior Court Judge Andrea Hertzfeld on July 8.

Angela Milhouse, 59, is charged with assault with a dangerous weapon, endangerment with a firearm, two counts of carrying a pistol without a license, two counts of possession of a prohibited weapon, possession of a firearm during a crime of violence, simple assault, possession of an unregistered firearm, unlawful possession of ammunition, and destruction of property, for her alleged involvement in a non-fatal shooting incident that occurred on Oct. 6, 2023, on the 5000 block of Astor Place, SE. No injuries were reported.

Milhouse’s defense attorney, Ferguson Evans, who showed up hours after the hearing was slated to begin, said he forgot about the hearing and his assistant failed to remind him.

According to Hertzfeld, this is not the first time Evans has caused a delay in a client’s case due to his inability to keep track of his schedule.

Judge Hertzfeld admonished Evans, stating he should remember to check his email, as her staff works “hard” to send out a daily calendar to all the defense attorneys scheduled to be in her courtroom.

Despite the attorneys tardiness, Judge Hertzfeld discussed Evans’ motion to release Milhouse.

According to court documents, Milhouse allegedly fired into an apartment unit of the victim and her finance. The shooting caused the sliding glass door on the balcony to shatter, but no injuries were reported.

In the motion, filed by Evans on June 24, he requested Judge Hertzfeld release Milhouse from jail on home confinement, citing her lack of a criminal history, despite two misdemeanor cases in the 1990s and 2000s. Evans also discussed her history of employment, stating her 15 year tenure at the Washington Metro Area Transit Authority (WMATA) “demonstrates the ties and commitment Ms. Milhouse has to Washington, DC.”

Judge Hertzfeld denied the request for release.

According to Evans, Milhouse also expressed interest in discussing a plea offer extended by the prosecution, but he has not had sufficient time to review it with her. He requested a continuance.

Parties are set to reconvene on July 12.

Stabbing Defendant Represents Himself in Bench Trial

A bench trial for a non-fatal stabbing defendant began on July 8, with the defendant representing himself and testifying on his own behalf before DC Superior Court Judge Jason Park.

James Campbell, 43, is charged with assault with a dangerous weapon and assault with significant bodily injury for his alleged involvement in a non-fatal stabbing on July 19, 2023, that occurred near the intersection of Michigan Avenue and Warder Street, NW. One individual sustained injuries during the incident.

The prosecution’s opening statement described the victim as a “caring” individual who approached Campbell out of concern for his health. According to the prosecution, the victim was forced to defend himself against a sudden attack from Campbell, sustaining a puncture wound to the arm from the incident.

“I was simply sitting under a tree on a hot day,” Campbell responded in his opening statement, when the victim, a man he claimed was much larger than him, approached him.

According to Campbell, the victim was standing over him and would not leave him alone despite telling the victim multiple times to leave. Campbell stated he had acted in self-defense, using “just enough force” to get the victim away from him.

Following opening statements, the prosecution called on the victim to testify.

He narrated that he was riding his bike home from the gym when he saw a man, identified later as Campbell, on the side of the road who “looked like he needed help.” The victim testified he observed Campbell almost fall into the street, looking unconscious.

According to the victim, he approached Campbell and asked if he needed help, standing approximately five to six feet away. He described Campbell as hunched over, rocking back and forth, and disheveled.

The victim said Campbell responded in an “aggressive manner” and grabbed a hold of his bike. The victim tried pushing Campbell away with the bike with the altercation moving into the middle of the street. The victim testified to grabbing a hold of the bike and hitting Campbell with it, causing a laceration on Campbell’s head.

After Campbell was hit, the victim testified, the defendant pulled a knife out of his pocket and began swinging it at the victim. The victim tried using his bike once again as a shield, but Campbell reached through the bike and stabbed the victim in the arm.

“I was fearing for my life, I didn’t think I was going to make it home,” the victim testified.

An individual in the area exited his car and went to the scene to help the victim, who pinned Campbell down on the ground, he testified. The individual stepped on Campbell’s wrist and got the knife out of his hand. The victim then got back on his bike and rode away, seeking medical attention.

The victim said he sustained a puncture wound to the arm, along with multiple large bruises to this arms, legs, and chest. He received four internal stitches and six external stitches where he was stabbed.

During cross examination, the victim testified that he remembered Campbell telling him, “you hit me, you touched me, you can’t do that, just leave me alone, get away.” He also agreed with Campbell that Campbell had not physically touched him before Campbell was hit with the bike, but the victim stated Campbell was “physically intimidating.”

The prosecution also called an officer from the Metropolitan Police Department (MPD) who responded to the scene and an eyewitness who recorded the altercation on his phone. Both witnesses stated that Campbell appeared to be under medical duress and was the aggressor in the situation.

After the prosecution rested their case, Campbell made a motion for acquittal.

Pertaining to the assault with significant bodily injury charge, Campbell argued that the prosecution did not call any expert witnesses to testify to the severity of the victim’s injuries. He also argued that because the victim was able to ride away on his bike, his injuries were not significant.

Pertaining to the assault with a dangerous weapon charge, Campbell testified that he was in fear of significant injury. He stated that the victim did not move away from him after requesting multiple times that he leave. He also argued that the knife was used in response to the victim hitting him with his bike, causing a laceration to his head.

Judge Park denied the motion for acquittal.

Because Campbell was representing himself in court, he chose to deliver his testimony as a statement of facts. Campbell began by repeating that he was “sitting under a tree on a hot day, minding my own business” when the victim approached him with a “weird look.” He asked the victim to leave, feeling that “something wasn’t right” with the victim.

He testified that he had originally grabbed the victim’s bike to encourage the victim to leave him alone. The victim then swung his bike at Campbell and hit him in the head. Campbell was blinded in one eye due to the blood from his wound and dirt.

He further stated that the brandishing of the knife was also to encourage the victim to get away from him, stabbing the victim in the arm in an attempt to get the victim to drop the bike.

Lastly, Campbell admitted a photo of a pocket knife into evidence, which was not the knife used to stab the victim, that was recovered from his person by MPD officers. He stated that after being disarmed with the first knife, he still had a second knife on his person that he did not use. He testified that he could have attacked the victim again if he wanted to, but did not want to escalate the situation further.

During cross examination, the prosecution went through Campbell’s criminal record, consisting of approximately 15 convictions including car theft, prison escape, destruction of property, receiving stolen property, and possession of cocaine.

Campbell denied speaking with police about the incident, but video footage from an MPD officer’s body-worn camera showed a conversation between Campbell and the officers. In the video, Campbell stated that he did not remember where he was or how he got there, nor how he received the gash on his head.

In his response statement, Campbell said that all of the evidence showed that he was experiencing a medical issue, specifically a “mental health episode.” Campbell then revealed that he was diagnosed with bipolar disorder and paranoid schizophrenia. He insisted that he was not in his right mind during the incident and felt that he was in danger from the victim.

Parties are slated to return July 9 for closing statements.

Judge Issues Second Order for Defendant to Complete Outpatient Program

DC Superior Court Judge Maribeth Raffinan ordered a homicide defendant on July 9 to enroll in an outpatient program and report for a drug test, after having previously telling him to do so.

Terrance Barnes, 35, is charged with first-degree murder while armed. Barnes, who struggles with substance abuse, allegedly fired a gun with premeditated malice, fatally wounding Barry Homles, 57, on April 17, 2019, on the 5100 block Southern Avenue, SE.

Barnes had previously been ordered by Judge Raffinan to enroll in a substance abuse outpatient program. His defense attorney, Molly Bunke, said Barnes has an appointment with Creative Pathways, an outpatient program, today, to enroll.

Barnes also previously failed to report to a drug test on July 8. He claimed he was at work and called his case manager to let them know that he could not make it, so it was rescheduled to Tuesday.

Judge Raffinan advised Barnes that these issues need to be taken care of before court, especially because they had previously been ordered.

Due to his failure to complete, Judge Raffinan ordered Barnes to complete a drug test and enroll in an outpatient program later that day.

The parties are slated to meet again Sept. 17.

Judge Denies Murder Defendant’s Motion to Attend Family Vacation

DC Superior Court Judge Maribeth Raffinan denied a homicide defendant’s request on July 9 to attend a family vacation in South Carolina.

Desmond Gaskin, 38, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm by a prior convict, tampering with physical evidence, first-degree theft, and destruction of property, for his alleged involvement in the fatal shooting of 40-year-old William Whittington Jr. on July 19, 2022, at the 400 block of Burbank Street, SE.

Judge Raffinan said she does not think “it is appropriate” given the charges in the case.

In arguing for the request, Gaskin’s defense attorney Jason Tulley said Gaskin had been compliant with his pretrial release for a year-and-a-half without issues. He also said the court has previously had a track record of giving the defense less than they asked for, but Gaskin complied anyway.

Pretrial Services did not oppose Gaskin going on this trip, stating that he could take his GPS off to go swimming.

The prosecution objected to letting Gaskin attend the family gathering. Being compliant is expected, the prosecutor said. The prosecutor also had concerns with the distance to South Carolina and objected to the GPS being taken off.

According to the prosecution, Gaskin, who previously tried to flee the area, was a flight risk. The night of the incident, he allegedly fled to Maryland and emptied one of his bank accounts, before taking a flight to Georgia.

According to the prosecution, they have a still image of a person they claim is Gaskin, walking into the surveillance room where video evidence was destroyed.

Tulley said he is “fed up” with the prosecution misconstruing facts. He claimed the still image is of a shadowy figure near a closed door, and there is no way to tell who it is or if they went into the room.

Tulley also said the prosecution had a “fantastical claim” that the defendant is dangerous and a flight risk.

Tulley told the court that the trip to Georgia was previously planned and not an effort to flee. He pointed out that Gaskin came back to Maryland within a week, where he was then arrested at his mother’s residence.

Judge Raffinan asked about a previous conviction in 2008 for fleeing a law enforcement officer.

The defense told the judge the incident happened after a night out, and there was a dispute over whether he was the one driving or not.

Prosecution told the judge that the defendant’s probation was revoked in the conviction.

Parties are set to reconvene Sept. 6.

Judge Grants Request for Continuance of Sentencing in Murder Case

DC Superior Court Judge Maribeth Raffinan granted the defense’s motion to continue the sentencing on July 9 in Daniel Fleetwood’s murder case so they can meet with an expert witness, despite the plea having already been accepted.

Fleetwood, 28, pleaded guilty May 29 to second-degree murder wile armed. He was originally charged with first-degree murder while armed in connection to the death of 26-year-old Shana Donahue on May 28, 2020, on the 2900 block of N Street, SE.

Fleetwood’s defense attorney, David Knight, said he would hire a medical professional to analyze Fleetwood. Knight requested that Judge Raffinan delay sentencing and the pre-sentencing report interview until after the expert has completed their analysis.

However, due to the Public Defender Services (PDS) furlough, which is slated to commence July 15, they could not hire a witness until the end of September.

The prosecution objected to the continuance of the sentencing. The prosecutor said the sentencing date has already been set, and it would be unfair to the victims and their families.

The prosecution also objected to the vague circumstances surrounding the medical expert.

Judge Raffinan met with the defense team ex parte to discuss the issue and agreed that, at this time, the defense does not need to disclose to the prosecution why they need an expert.

Judge Raffinan also said the case was unique and granted the defense’s motion to continue the sentencing. It is now set for Dec. 13.

The parties are set to meet again on Sept. 13.

Parties Wait For Competency Evaluation, Judge Grants Continuance

Due to awaiting a defendant’s competency evaluation and its results, DC Superior Court Judge Erik Christian granted a defense’s motion for continuance on July 9.

James Petticolas, 40, is charged with assault with a dangerous weapon for allegedly stabbing a male victim in the back on May 10 on the 1400 block of North Capitol Street, NW. According to court documents, Petticolas was in a store and got into an argument with the victim, who was an employee of the store. Petticolas left the store and reentered with a knife, and shortly began chasing the victim as he was attempted to flee.

The victim suffered a laceration to the lower left side of his back, which appeared to be about 12 to 13 centimeters in length and about 3 centimeters deep, documents state.

At the hearing, Marnitta King, Petticolas’ defense attorney, waived her client’s presence and requested a continuance as she waits for a competency evaluation to be completed on her client.

According to a July 7 letter, a clinical psychologist from the Department of Behavioral Health (DBH) at Saint Elizabeths Hospital attempted to conduct an evaluation on Petticolas, but stated Petticolas declined to participate and wanted to speak with his attorney.

The psychologist requested a continuance to allow time for a “thorough competency evaluation to be conducted.”

The prosecution did not object to the defense’s request.

King also mentioned that she is waiting to discuss a plea offer with her client that had previously been offered by the prosecution. Details of the plea offer were not disclosed in court.

Parties are slated to return on Aug. 1.

Defense Counsel Seeks Severance, Classifies Other Defense Attorney As ‘Second Prosecutor’

Ahead of a trial scheduled for August, pending motions, including a motion to sever a co-defendant trial, led an attorney to state that he could exculpate his client by proving the co-defendant was the shooter.

Ky’lee Palmer, 25, and Aaron Adgerson, 20, are charged with first-degree premeditated murder while armed, assault with intent to kill while armed, and possession of a firearm during a crime of violence for their alleged involvement in a drive-by shooting that killed 60-year-old Barron Goodwin on Feb. 12, 2020 near a residence on the 800 block of 51st Street, SE.

Palmer is also charged with destruction of property of $1,000 or more and tampering with physical evidence for allegedly burning the suspected vehicle, a black Nissan Altima, after the shooting occurred.

At the July 8 hearing, parties addressed Palmer’s motion to sever from Adgerson.

Michael Madden, Adgerson’s defense attorney, stated he had not filed a written response to Palmer’s motion, but contended that having the same trial “is strategically to Mr. Adgerson’s advantage” because he could present exculpatory information for Adgerson, such as highlighting Palmer’s history of domestic violence with his ex-girlfriend, as it would show a motive for Palmer to commit the crime and act as the shooter.

According to court documents, Goodwin, who suffered from dementia, was sleeping upright on a couch when a bullet catapulted through a window and struck him in the back of his head.

Goodwin was not believed to be the intended target of the shooting. Instead, the brother of Palmer’s then-girlfriend, who lived at the residence that was fired at, was believed to be the suspected target. According to a police report, the brother and Palmer got into an argument over Palmer taking his then-girlfriend’s phone and not returning it to her.

David Akulian, Palmer’s defense attorney, argued that it would be “twice as difficult” to have a joint trial because Adgerson’s defense would act as a “second prosecutor” in the case.

Completely opposed to Palmer’s motion, the prosecution argued that there was no basis to sever the trial based on the evidence linking the two defendants together, adding that video surveillance shows the shooting. It was clear the shooting occurred from the passenger’s side of the suspected vehicle, where Adgerson allegedly sat, the prosecutor said.

Judge O’Keefe did not rule on the motion.

Akulian and Madden also argued against the prosecution’s motion to admit evidence of other uncharged conduct, specifically two different criminal activities related to Palmer.

According to Akulian, prosecutors wanted to present evidence that Palmer allegedly stole the suspected vehicle three days before the shooting, as well as his domestic violence history against his former girlfriend.

Video surveillance shows an individual, identified as Palmer, in the vehicle near the 1300 block of Morris Road, SE, according to court documents. Data shows Palmer’s cell was also in that same location at the same time.

According to a witness, on the day of the shooting and three days prior, Palmer was observed in the suspected vehicle near the 800 block of Chesapeake Street, SE.

The prosecution stated that three shell casings were located inside the vehicle, which was examined by an expert who found that they were consistent with being fired from the same gun that was recovered outside the crime scene.

The prosecution also played a rap music video on YouTube where individuals identified as Adgerson and Palmer were seen holding and surrounded by firearms.

The defense teams opposed the prosecution’s admittance of evidence related to the defendants’ alleged involvement in a neighborhood crew known as “4DMG,” or “For Da Money Gang,” which associated itself with the 1300 block of Morris Road, SE.

In response, the prosecution stated they were “trying to minimize prejudice” while proving the dynamics of the co-defendants’ relationship and showing their association to the “4DMG” group.

The prosecutor added that Adgerson’s older brother, who was friends with Palmer, was a part of the group and went by the name, “Rich Gas,” which they believed was important to mention to jurors as Adgerson was similarly called “Baby Gas.” The prosecution further stated that Palmer was known as “XD.”

The prosecution was executing a “naked backdoor attempt” by seeking to admit “gang material,”Akulian said, adding that neither defendant is charged with being in a crew or gang.

“It’s just so prejudicial when you start bringing in gang stuff when it’s not a gang case,” said Judge O’Keefe.

“He wants to be like his brother and he wants to be in 4DMG,” asserted the prosecution, saying, “That’s why he did what he did.”

“They don’t have any evidence to back up [their] theory,” stated Madden.

Judge O’Keefe is slated to rule on the pending motions at a later date.

Parties are scheduled to reconvene on Aug. 2.

Judge Releases Shooting Defendant Due to Trial Delay

DC Superior Court Judge Heidi Pasichow released July 9 a shooting defendant and denied a motion to dismiss the case after the prosecution was unable to locate a witness, which prompted further delay in the trial.

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 and injuring two individuals on June 15, 2023 on the 4600 block of Hillside Road, SE.

Judge Pasichow denied the prosecution’s request to delay the trial by another day to find the witness, stating that the motion to issue the material witness warrant should have been requested weeks ago.

The trial, which was slated to begin arguments on July 8 was moved back one day to allow the prosecution to find the witness.

Guillory’s defense attorney, Varsha Govindaraju, argued that because of the delays and the failure to locate the witness, the case should be dismissed. The motion to dismiss was denied after an objection from the prosecution.

Judge Pasichow released the defendant under 24-hour home confinement and GPS monitoring. A stay away order from the two victims was also issued.

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 Guillory as the shooter in a photograph.

Parties are slated to return for trial on July 16.

Judge Delays Trial, Issues Warrant for Witness

DC Superior Court Judge Heidi Pasichow delayed the start of a non-fatal shooting trial on July 8 in order for a material witness to be secured.

James Guillory, 24, is charged with two counts of assault with a dangerous weapon, two counts of possession of a firearm during crime of violence, unlawful possession of a firearm, and carrying a pistol without a license.

The charges stem from an incident on June 15, 2023, on the 4600 block of Hillside Road, SE, which left two people injured. One victim had a firearm injury to the thigh, and the other victim sustained a BB gun injury to the face, according to court documents.

The prosecution requested the case to be carried for a day to secure the missing witness.

Guillory’s attorneys, Varsha Govindaraju and Gail Engmann, objected that the prosecution was not doing their due diligence to secure the witness in a timely manner.

Judge Pasichow granted a one-day continuance and issued a material witness warrant.

Parties are set to reconvene on July 9.

Both Sides Rest in Homicide Trial

On July 8, the prosecution and defense rested after five days of a homicide trial before DC Superior Court Judge Anthony Epstein.

Vernon Parrish, 40, is charged with first-degree murder while armed, assault with a dangerous weapon, unlawful possession of a firearm, and two counts of possession of a firearm during a crime of violence. The charges stem from his alleged involvement in the fatal shooting of Ronald Bailey, 52, which occurred in a residence on Sept. 26, 2021, on the 5200 block of E Street, SE.

According to prosecutors, Parrish was accompanied by an individual, who they identified as Adrian Tate. However, Tate was never charged in connection to the incident. According to a motion filed by the prosecution, Tate died 15 months after the homicide.

On the final day of trial, the lead Metropolitan Police Department (MPD) homicide detective, who arrested Parrish, said he found a revolver in the bottom drawer of Bailey’s bedside table. The pistol had two empty cartridges and four that were unfired.

There was no blood found on or near the revolver, which the detective said was of note because Bailey had been bleeding.

The detective, when cross examined by Parrish’s attorney, Nikki Lotze, stated that the greenish Lexus that was connected to Tate and the shooting could not be found.

Lotze questioned if there was any bullet damage to the Lexus, however, the detective was unsure as he was only able to see one side of the vehicle from surveillance footage. The side he could see did not appear to be damaged, he said.

During the trial, a crime scene scientist and a forensic firearm analyst said that a few of the nine suspected bullet holes in Baily’s home, based on trajectory rods, had a slight eastward angle.

The firearm analyst suggested that three of the cartridge casings found outside of Baily’s home were consistent with having been fired from the same weapon. The analyst said that due to the size of the casings, a larger gun needed to have been used. Likely the sizing would fit into an AR-15 or a longer barrel handgun with an extended magazine.

A private investigator for the defense reiterated that Parrish does not match the shooter’s description.

In a motions hearing held on July 5, Judge Epstein ruled that there would be no admittance of Parrish’s jail calls, in which he conversed with his girlfriend. Judge Epstein concluded that any limited probative value was significantly outweighed by the risk of prejudice towards the jury.

Final jury instructions and closing statements are scheduled to occur on July 9.

Prosecution Extends Plea Offer in a Domestic Stabbing Case

The prosecution extended a plea offer to a defendant in a case of domestic violence before DC Superior Court Judge Lynn Leibovitz on July 8.

Michael Alston is charged with assault with a dangerous weapon (knife) of a senior citizen, kidnapping of a senior citizen, assault with significant bodily injury, strangulation, and threat to kidnap or injure a person for his alleged involvement in an incident on Feb. 4 on the 2100 block of I Street, NE. One individual sustained injuries.

At the July 8 hearing, Alston said he wished to be represented by a different attorney. Judge Leibovitz stated he would continue to be represented by his current defense attorney, Veronice Holt, until another attorney can be found for him.

Judge Leibovitz continued the hearing to the following week to allow the defense time to consider a plea offer that was extended by the prosecution.

According to court documents, the incident occurred as a result of a domestic dispute. The victim fled the scene after the incident.

When Metropolitan Police Department (MPD) officers arrived on the scene, Alston allegedly barricaded himself in the apartment, but left after an officer conducted a mediation with him.

The plea offer would require Alston to plead guilty to assault with a dangerous weapon (knife) and strangulation in exchange for the prosecution’s waiving all other charges.

Parties are slated to return July 15.

Non-Fatal Shooting Defendant Waives Preliminary Hearing and Denied Release

DC Superior Court Judge Judge Heidi Herrman accepted Stephan Ombolo’s waiver of a preliminary hearing and denied his release at a hearing on July 8.

Ombolo, 26, is charged with assault with a dangerous weapon for his alleged involvement in a non-fatal shooting that took place on March 26 on the 400 Block of Newton Place, NW.

According to court documents, Ombolo’s cousin’s roommate called the police for help when Ombolo’s cousin was having a mental health crisis. The roommate told a Metropolitan Police Department (MPD) detective that Ombolo assaulted him after Ombolo’s cousin was transported to a hospital and the police left.

Court documents state that Ombolo was angry with the roommate for calling the police regarding his cousin. Ombolo allegedly struck the roommate repeatedly with the butt of a gun and fired one shot towards him that didn’t hit him.

At the July 8 hearing, Ombolo’s defense attorney, Marnitta King, requested Ombolo’s release, arguing that he has “three prior convictions in 2018, none of which were assaultive,” and that she “believe[s] [Ombolo] could comply.”

King said, if released, Ombolo would not come to DC unless he had a court hearing, “and the community will be safe.”

The prosecution objected to Ombolo’s release, stating that there were “serious concerns about the defendant’s ability to abide by rules.”

Judge Herrman said there were no conditions she could set that would ensure the safety of the community.

Parties are slated to meet again on July 17.

Judge Grants Release to Defendant Following Trial Delay

A defendant was put on house arrest on July 8 by DC Superior Court Judge Erik Christian due to his trial date’s delay because of a scheduling conflict with the prosecution.

Calvon Brown, 31, is charged with aggravated assault knowingly while armed and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on March 22 at Lee’s Liquors located on the 2300 block of Pennsylvania Avenue, SE.

Due to a scheduling conflict, the prosecution requested additional time to investigate and indict the case in preparation for trial, requesting it be set in August which is not prejudiced against the defendant as it falls within the 100-day deadline.

Judge Christian denied the request due to not being able to sit in August.

With no opposition from the defense, the trial date was moved to Sept. 16.

However, defense attorney Tammy Thom requested Brown be released until the trial date, arguing the delay was not Brown’s fault.

Judge Christian granted the request with the terms of Brown being on 24-hour house arrest.

According to court documents, an individual, identified as Brown, allegedly confronted the victim in the store before engaging in a physical fight when Brown allegedly took out a gun and shot the victim once in the buttocks area.

Parties are slated to return to court on Sept. 3.

Prosecution Conducts DNA Testing in Shooting Case

The prosecution announced they would be conducting DNA testing on the physical evidence in a non-fatal shooting case before DC Superior Court Judge Lynn Leibovitz on July 8.

Marcell Cradle, 19, and Marcus Cunningham, 19, are charged with assault with a dangerous weapon for their alleged involvement in a shooting that occurred at the intersection of 17th and Euclid Streets, NW, on April 25. One individual sustained injuries during the incident.

According to court documents, the shooting may have stemmed from a drug exchange that turned into a robbery.

Cradle and Cunningham allegedly threw a gun on the ground while attempting to flee the scene before they were detained by officers from the Metropolitan Police Department (MPD).

At the Monday hearing, the prosecution asked for an extension on providing notice for the DNA expert. Judge Leibovitz granted the extension but retained the trial date of Oct. 16.

Parties are slated to return Sept. 18.

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