Fewer Carjacking Cases in DC This Year Than 2024

Prosecuted carjacking cases in Washington, DC have declined overall in 2025 compared to the same period in 2024, according to D.C. Witness data.

Carjacking charges in the District of Columbia steadily dropped in the early part of 2025 before significantly rising in May, according to D.C. Witness data. This surge came months before the Aug. 11 deployment of National Guard troops to the city in response to President Trump’s Executive Order declaring a crime emergency.

From January to April, prosecuted carjacking cases dropped by half, averaging 3.75 cases per month. But in May, cases skyrocketed more than double the previous monthly average, before falling over the summer and ultimately reaching an 80% decrease in August from May’s peak.

D.C. Witness data recorded 43 prosecuted carjacking cases, fewer than the 69 cases tracked over the same nine-month period in 2024. Early 2025 trends resumed going into October, even after the deployment of National Guard troops to address the city’s “increase in violent crime.”

Among the 2025 carjacking cases that have been resolved this year, the average time from arrest to resolution was just under 120 days. The shortest resolution being four days and the longest being 180 days.

Mark Edwards, 18, was charged with robbery and unarmed carjacking this year. Edwards accepted a plea deal and is scheduled for sentencing on Nov. 14. He was linked to at least four carjackings and robberies occurring between May 22 and 28, aligning with the time period when DC saw its highest spike in carjacking prosecutions. Edwards faces a maximum penalty of 21 years in prison, with a seven-year mandatory minimum and a $75,000 fine.

In further examining the ages of carjacking perpetrators from Jan. 1 through Sept. 30, half of all perpetrators were between 18 and 24 years old. Juveniles account for another 22%. In total, young perpetrators make up 72% of carjacking cases this year. Although perpetrators’ ages range from as young as 16 years old to as old as 51 years, the majority of cases involve younger offenders.

While overall carjacking charges have notably decreased since May, spring surges in both the 2024 and 2025 highlight that carjackings cases remain present in the court system.

Stabbing Defendant Waives Preliminary Hearing

A defendant accused of stabbing his brother waived his preliminary hearing before DC Superior Court Judge Heide Herrmann on Oct. 16.

Matthew Harrison, 56, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that occurred on Oct. 13 at the 200 block of 37th Street, SE. Harrison’s brother sustained injuries.

Harrison waived his right to a preliminary hearing. His attorney, Derrick Page, motioned for Harrison’s release. The court denied ruling that he would remain held.

Parties are slated to reconvene on Nov. 5.

Shooting Defendant Waives Preliminary Hearing

A non-fatal shooting defendant, also accused of second-degree cruelty to children, waived her right to a preliminary hearing before DC Superior Court Judge Heide Herrmann on Oct. 16.

Jamira Guillory, 24, is charged with assault with a dangerous weapon, second-degree cruelty to children, possession of a firearm during a crime of violence, carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition. The charges are in connection to her alleged involvement in a non-fatal shooting at the intersection of 18th and Bryant Street, NE.

The incident occurred on Aug. 24. One individual sustained injuries and a five-year-old was put at “grave risk of bodily injury,” according to court documents.

Guillory’s attorney, Lisbeth Sapirstein, informed the court that Guillory would be waiving her preliminary hearing.

Parties are slated to reconvene on Dec. 18.

Defendant Accepts Plea Deal For Shooting Teenager

A defendant pleaded guilty for shooting a 15-year-old before DC Superior Court Judge Todd Edelman on Oct. 17.

Christ Tchakounte, 20, was originally charged with assault with intent to kill while armed, aggravated assault knowingly while armed, three counts of possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business. The charges stem from his involvement in a non-fatal shooting on Jan. 19, 2024 at the intersection of 16th and A Streets, SE. A 15-year-old boy sustained three gunshot wounds on his left side to his head, shoulder, and armpit.

Rachel Cicurel, Tchakounte’s attorney, informed Judge Edelman that he accepted a plea deal from the prosecution that required him to plead guilty to aggravated assault knowingly while armed and possession of a firearm during a crime of violence. The prosecution, in exchange, agreed to dismiss the remaining charges.

As part of the plea agreement, the prosecutor agreed to request a maximum sentence of seven years of imprisonment for each charge and to not oppose concurrent sentences. The agreed-upon sentence is contingent upon Judge Edelman’s approval at sentencing.

Absent the plea agreement, Tchakounte could have faced a maximum of 45 years of imprisonment for the two charges.

If the case had proceeded to trial, the prosecutor said he would have proven beyond a reasonable doubt that on the day of the incident, Tchakounte exited a vehicle at the incident address and shot the victim. Tchakounte’s actions caused serious bodily injury to the victim, were voluntary and on purpose, and had no legal justification.

Tchakounte’s sentencing is scheduled for Dec. 19.

Tesla Charger Shooter Acquitted of Most Charges

A jury found that a shooting defendant acted in self-defense and acquitted him of nine out of ten charges on Oct. 17 before DC Superior Court Judge Danya Dayson. .

Ato Ocran, 46, was originally charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, carrying a pistol without a license outside of a home or business, and malicious destruction of property for his alleged involvement in a non-fatal shooting on the 2600 block of 10th Street, NE, on June 3.

In the end, a jury found that Ocran acted in self-defense and acquitted him of all charges except for carrying a pistol without a license outside of a home or business. The maximum penalty for Ocran’s conviction is five years imprisonment and a $12,500 fine. Judge Dayson is scheduled to sentence Ocran for that charge on Dec. 18.

Parties also talked about what to do with five counts of possession of an unregistered firearm that defense attorneys Elizabeth Paige White and Kevann Gardner had successfully severed from the list of charges brought to trial. Prosecutors filed the charges after police retrieved several firearms from Ocran’s home more than a month after the shooting, according to court documents.

White and Gardner had sought to dismiss the charges during pre-trial motions, but Judge Dayson only went so far as to sever them, without objection from the prosecution. When charges are severed, they are separated into different cases before the court.

Judge Dayson accepted White’s request to call a jury for the matter and put the case before DC Superior Court Judge Andrea Hertzfeld on the misdemeanor schedule. Parties are scheduled to convene for a status hearing before Judge Hertzfeld on Nov. 12.

Prosecutors also objected to White and Gardner’s request to release Ocran’s Tesla and phone from evidence until at least the Dec. 18 sentencing, and said that they might hold the items as they prosecute the remaining gun charges.

Judge Dayson said that she could not see how Ocran’s Tesla and phone were relevant to the ongoing case but allowed prosecutors to hold them until sentencing.

Parties are slated to reconvene Dec. 18.

Shooting Defendant Accepts Plea Deal

A shooting defendant accepted a plea deal before DC Superior Court Judge Errol Arthur on Oct. 20.

Michael Douglas, 42, was originally charged with possession with intent to distribute a controlled substance while armed, possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, possession of a large capacity ammunition feeding device, possession of an unregistered firearm, and unlawful possession of ammunition.

These charges stem from Douglas’ firing a shot while officers were patrolling the 4900 block of C Street, SE on Jan. 1, 2022. No injuries were reported.

According to court documents, when he was apprehended by police he was found with Cocaine and the prescription painkiller Percocet.

During the hearing, Douglas pleaded guilty to carrying a pistol without a license and misdemeanor unlawful possession of a controlled substance.

Maximum sentences for the charge is five years in prison and or a $12,500 fine. On the charge of possession the maximum sentence is 180 days in jail and or a $1,000 fine.

Douglas must register as a gun offender and will be on supervised release.

According to the prosecution, had the case gone to trial, they would have proven beyond a reasonable doubt that on Jan. 1, 2022 the defendant knowingly and voluntarily carried a pistol without a license in DC. He knew he was not licensed at the time of the incident. Additionally, he knowingly and voluntarily possessed an unlawful substance, cocaine.

Parties are set for sentencing on Dec. 18.

Hit-And-Run Murder Defendant Asks to Represent Himself

A defendant accused of a hit-and-run murder asked DC Superior Court Judge Todd Edelman to dismiss his attorney and allow him to represent himself during a hearing on Oct. 17.

Kyle Piunti, 36, is charged with second-degree murder while armed and three counts of assault with a dangerous weapon for his alleged involvement in a vehicular accident that killed 54-year-old Michael Hamlin on Jan. 3, 2024 on Highway I-295 southbound around Mile Marker 1.

According to court documents, Piunti was reportedly driving over 100 miles per hour shortly before the crash. The speed limit in the area was 50 miles per hour.

At the hearing, Kevin Irving, Piunti’s attorney, informed Judge Edelman that Piunti wanted to represent himself in the case. According to Irving, Piunti would allow Irving to remain an attorney advisor in the case.

According to court records, Piunti’s had five different attorneys since the case was opened in September 2024.

Following an ex-parte discussion under seal, Judge Edelman asked Piunti to spend additional time considering his request and discussing it with Irving.

Parties are scheduled to reconvene on Oct. 28.

Deadly Mass Shooting Defendant Mistakenly Transferred Out of DC

Lawyers discussed how to get a homicide defendant back into the District after mistakenly being transferred to the Bureau of Prisons (BoP) before DC Superior Court Judge Michael Ryan on Oct. 20.

Gerald Thomas, 22, is charged with first-and-second-degree murder while armed,, assault with a dangerous weapon, seven counts of possession of a firearm during a crime of violence, attempted kidnapping while armed, and carrying a pistol without a license in connection to his alleged involvement a mass shooting that resulted in the death of Dasha Cleary, 20, and injuries to four other people on the 4000 block of Connecticut Avenue, NW on Jan. 22, 2022.

Defense attorney Dominique Winters informed the court that her client had been transferred out of the DC Jail and had been handed over to the US Marshals Service by mistake.

Judge Ryan assessed that this was likely because, since the defendant was held in DC on other charges, his bond status had not been updated to keep him in DC pre-trial under DC Code which requires detention in first-degree murder cases.

The court informed the prosecution to figure out where the defendant was sent once he appears on the BoP database and to begin the paperwork for a bond status change as soon as possible.

The court will reconvene on Dec. 3.

High School Quarterback Held in Armed Carjacking Case

An armed carjacking defendant’s motion for bond review was denied in a felony status conference before DC Superior Court Judge Jennifer Di Toro on Oct. 15.

Dekhyri Greene, 17, is charged with robbery while armed, armed carjacking, possession of a firearm during a crime of violence, and unauthorized use of a vehicle in connection to his alleged involvement in an incident that occurred on the 1000 block of Mississippi Avenue, SE, on Aug. 7.

Greene is being charged as an adult under Title 16, a law that allows prosecutors to try minors as adults for serious offenses.

Greene’s defense attorney, Varsha Govindaraju, motioned for release after alleging the prosecution elicited false testimony from a Metropolitan Police Department (MPD) officer that testified at the preliminary hearing. She stated that neither the officer nor the victim could positively identify Greene because many identifications involved qualifiers like “I’m not sure” and “could” in the transcript.

The transcript and body worn camera footage from the incident were only released after the preliminary hearing, which the defense alleged cast doubt on the testimony.

Govindaraju stated that Greene is a straight-A student, quarterback of his high school football team, and is expected to graduate in June of 2026.

Judge Di Toro denied the motion for bond review and stated that despite the qualifying statements, the witness did not offer false testimony because he was working off his recollection of events. Judge Di Toro ordered the defendant to remain in detention pre-trial.

The court is slated to reconvene for another felony status conference on Oct. 22.

Stabbing Defendant Receives Suspended Sentence

A stabbing defendant received a suspended sentence before DC Superior Court Judge Jennifer Di Toro on Oct. 15.

On July 14, Hashim Bright, 46, pleaded guilty to assault with significant bodily injury for his involvement in a stabbing that took place on the 1300 block of New York Avenue, NE, on May 25.

The prosecution requested that Bright be sentenced to 24 months of incarceration suspending all but 12. They also asked for three years of supervised release, suspended.

Prosecutors noted the seriousness of the crime and Bright’s “concerning” arrest history. They also stated that Bright claimed to be high on PCP at the time of the incident. They asserted that PCP is dangerous and that given Bright’s age, he should know better.

Daniel Dorsey, Bright’s attorney, requested 18 months of incarceration suspending all but time served and one year of probation. He also requested a mental health observation and treatments as well as transitional housing.

Dorsey stated that Bright ran into someone he had been stabbed by prior to the incident and thought that he would be stabbed again. Still, he noted, Bright accepted full responsibility for what happened.

Bright stated that he regrets his actions and wished the victim a speedy recovery. He stated that he doesn’t remember much, but accepted full responsibility and is not a violent person.

Bright was sentenced to 18 months of incarceration suspending all but time served, 12 months of probation, and three years of suspended supervised release. He will receive a substance abuse assessment and treatment, a mental health observation and treatment, and transitional housing. He will also receive credit for time served.

No further hearings have been scheduled.

Metro Stop Shooting Defendant Enters A Plea After a Mistrial

A defendant in a non-fatal shooting at a DC Metro stop accepted a plea deal before DC Superior Court Dayna Dayson on Oct. 15.

Demann Shelton, 32, was originally charged with three counts of assault with intent to kill while armed, three counts of assault with a dangerous weapon, six counts of possession of a firearm during crime of violence and one count of unlawful possession of a firearm with a prior conviction of greater than one year.

The charges are related to his involvement in a non-fatal shooting on the 3000 block of 14th Street, NW, on Nov. 9, 2020 after he allegedly opened fire on a group of five people, where one victim sustained injuries.

On July 28, Shelton’s first trial resulted in a hung jury as jurors were unable to come to a unanimous decision, and a new trial was set to begin in January of 2026.

Prior to the hearing on Oct. 15, the prosecution and defense agreed to a deal, which waived Shelton’s right to a second trial.

The agreement required that Shelton plead guilty to two counts of assault with a dangerous weapon and unlawful possession of a firearm with a prior conviction of more than one year in exchange for all additional charges dismissed. Through the deal, parties agreed to three years of imprisonment with three years of supervised release.

According to the prosecution, had the case gone to trial, they would have proven beyond a reasonable doubt that Shelton assaulted two people after an interaction at a Metro stop, where he fired his gun at two victims. Shelton did so with an upgraded gun that let him shoot with one hand, demonstrating that he voluntarily and knowingly committed the crime.

After Shelton agreed that the facts were accurate, Judge Dayson asked a series of questions to ensure that Shelton was accepting the plea agreement voluntarily. Shelton was asked if he was acting in self-defense or in defense of a third party, to which he answered yes.

Defense attorney Emily Sufrin asked for the court’s indulgence to explain to her client that his answer would put the agreement in jeopardy because acting in self-defense or in defense of a third party indicates innocence.

Shelton agreed that his actions were not justifiable under the law and there was no sufficient evidence for him to plead innocent.
Parties are slated to reconvene on Nov. 14.

‘I was Trying to Stay Alive,’ Defendant Testifies in Shooting Trial

DC Superior Court Judge Danya Dayson heard from the defendant in a a non-fatal shooting resulting from a dispute over a car charger on Oct. 15.

Ato Ocran, 46, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, five counts of possession of an unregistered firearm, carrying a pistol without a license outside of a home or business, and destruction of property worth $1000 or more for his alleged involvement in a non-fatal shooting on the 2600 block of 10th Street, NE, on June 3.

According to court documents, one individual was injured during the incident which stemmed from an argument over an electric vehicle charging station in a Giant parking lot at Rhode Island Place in NE.

During the Oct. 15 hearing, the defense called Ocran to testify in his own case.

Ocran testified he has three children, four siblings, a bachelor’s degree in business and marketing, and was in the Coast Guard for four years. He is currently working as a software engineer in Virginia.

Ocran explained that he has never been arrested or testified in court before.

“I was trying to stay alive,” Ocran said.

On June 3, Ocran testified, he went to his local Giant Supermarket to charge his Tesla so that he could go to a gun range, as a hobbyist. After receiving a notification that his Tesla stopped charging, he returned to the Giant parking lot and found his car had been removed from the charger.

He testified that once he placed the charger back into his Tesla, the victim came aggressively around the corner in his car and cursed at him.

“He pulled up quickly and said ‘put that s*** back or I’m going to thrash you,’” Ocran said.

Ocran testified that the victim pulled into a parking spot near his car, exited his vehicle and got in his face. The victim repeatedly said he was going to “thrash” Ocran. After the victim faked a couple of punches, a fight began.

“I threw a punch, he threw a few, his shoe fell off, and I tossed it away and he went to get his shoe,” Ocran said.

Ocran explained that once separated, the victim continued to curse at him and threw a large cup of liquid at him. Both Ocran and the victim walked back to their parked cars. Ocran testified that the victim made a threatening comment.

“Im gonna bury you, you’re never going to come up here again,” Ocran said, repeating what he said was the victim’s statement.

Ocran testified that when opening his trunk to put his scooter inside, the victim opened his trunk to remove a golf club. The victim allegedly charged and chased Ocran with the golf club.

All of Ocran’s testimony was buttressed with video footage submitted to the court by the defense.

Defense attorney Elizabeth Paige White asked Ocran about the golf club the defense brought in court as an illustration.

The prosecution objected to the use of the golf clubs in the trial because it was not the same club used during the altercation, which they argued could be confusing for the jury.

The defense argued that they were solely using it as a demonstration to show the jury how Ocran was threatened with by the victim. The judge ruled that the evidence could be used during the hearing but could not be entered as evidence for the jury to see during their deliberations.

Ocran explained that the victim charged at him with the golf club during their altercation in the parking lot. When White asked him why he believed the victim used a golf club, Ocran answered, “to scare, to intimidate, and attack me.”

Ocran stated that the firearm he used in the shooting was located in the glove compartment of his Tesla. When White asked him why he did not pull out the firearm when the victim charged at him with the golf club, Ocran answered, “I didn’t want to shoot anyone.”

While Ocran attempted to put his personal belongings, particularly his scooter, in his trunk, surveillance footage showed that the victim circled around Ocran, punched him in the head, and kicked his door, which caused Ocran’s arm to get caught in the door.

Ocran also testified that the victim spat on him and called him a “b**** a** n****.”

Surveillance footage also showed that the victim kicked the driver door of Ocran’s vehicle as he drove out of the Giant parking lot.

As Ocran exited the parking lot and traveled along Rhode Island Avenue, he saw the victim’s Jeep Liberty following him at a high speed.

Ocran, who intended to go home, said he sped through the traffic light in order to separate himself from the victim, who was stopped by a red light.

Thinking the situation was over, Ocran took an alternate route and tried to get back on Rhode Island Avenue. As he turned onto 10th Street, he came face to face with the victim, who was driving towards him.

According to Ocran, the victim drove out of his assigned lane and into Ocran’s until their vehicles were very close.

Ocran said he saw another individual in the passenger seat of the victim’s vehicle.

According to the defendant, the victim got out of his vehicle, holding a black handgun. This caused Ocran to unlock his glove compartment, retrieve his Smith & Wesson handgun, and put it in his lap.

When asked by White why he decided that it was necessary to bring out his firearm, Ocran answered, “because it got to a point of thinking about my life.”

Shortly after, Ocran put his vehicle in reverse and the victim got back in his vehicle. Ocran explained that the victim moved back into his proper lane and followed him as he reversed.

When Ocran was no longer able to move, he saw that the victim had his gun pointed at him, and Ocran explained, “my life flashed before my eyes. I thought about my years as a veteran. I thought about my kids.”

Ocran claimed he fired four gunshots at the victim’s vehicle in self-defense, and explained, “I just wanted to live.”

Additionally, Ocran explained that the victim’s vehicle was bigger than his Tesla, and had the victim shot at Ocran first, the bullets would have gone straight through his head.

White asked Ocran how he felt about the injuries the victim sustained from the shooting. Ocran explained, “I’m glad he is alive, and I hope he never does what he did to me to anyone else.”

Additionally, Ocran emphasized, “I’ve lost everything.”

During the prosecution’s cross-examination, Ocran claimed that on the day of the incident, he planned to go to the gun range in Virginia after his vehicle finished charging.

Ocran emphasized that the gun was locked in his glove compartment for the entire altercation with the victim in the Giant parking lot.

The prosecution asked more about the parking lot altercation. Ocran explained that when the victim approached him in his Jeep Liberty, the victim immediately started yelling at him.

Surveillance footage showed that Ocran apparently approached the victim’s vehicle. Ocran explained that he was trying to de-escalate the situation. However, the prosecution observed what looked like Ocran throwing the first punch at the victim in the footage. Ocran explained that the victim threw a fake punch at him which caused Ocran to quickly react and punch him back.

Footage also showed that Ocran went into his trunk multiple times throughout the parking lot altercation. Ocran explained that he was trying to make space for his scooter.

The prosecution asked Ocran, “if you already took the scooter out, why would you need to make room for it?” Ocran explained that he needed to make space for the scooter so that it would not damage his laptop, which he said was in a black bag in his trunk.

Ocran testified that he never told the victim he had a gun and never reached for his gun at any moment during the parking lot altercation.

Additionally, Ocran claimed that he did not retrieve his gun from his Tesla’s glove compartment until he saw the victim in possession of a firearm.

A forensic scientist testified that cell phone data indicated that Ocran opened the Tesla app on the day of the incident. This seemingly supports the prosecution’s theory that Ocran deleted incriminating footage recorded by his Tesla from his cell phone app.

The analyst also testified that she had no knowledge of what actions were captured on the app, how long the app was open or who opened the app. The defense argued that there is no evidence of Ocran’s deleting the footage, and to the contrary, phone call evidence indicates he had no knowledge of how the footage was deleted.

A crossing guard near the scene of the crime was brought to testify by the prosecution. She testified to hearing a gun shot, not seeing it, and saw a blue light. She also testified to seeing a Jeep Cherokee and confirming with a fellow bystander that what she heard was a gunshot.

The prosecution also asked whether she wanted to testify in court. She began to cry and answered no, she was scared to testify.

The witness then accused the prosecution of threatening her. She testified that she was told the day of the proceeding that she was to appear in court and if she failed to comply that she would be put in jail for a few hours. The witness was subpoenaed to testify in court.

Parties are slated to reconvene Oct. 16.

Judge Denies Defense Motions in Armed Carjacking Case

DC Superior Court Judge Andrea Hertzfeld shut down most of the attempts by the defense on Oct. 16 to suppress evidence an armed carjacking case set for an Oct. 27 jury trial date.

Marcus Tucker, 30, is charged with armed carjacking , possession of a firearm during crime of violence or dangerous offense , robbery while armed , and assault with a dangerous weapon.

These charges stem from Tucker’s alleged involvement in the armed carjacking of a victim on the intersection of 30th and Hartford Streets, SE, on April 17.

Defense attorneys Jason Tulley and Marta Garcia were joined by an additional attorney, Hira Javed, who started with a motion to suppress evidence. Specifically four areas of body worn camera footage where the defendant’s Fifth and Sixth Amendment rights were violated, according to the defense.

Javed stated that the nature of the interaction between Tucker and officers was considered a Terry stop in which the defendant could be placed into handcuffs and detained temporarily. Additionally, she argued that police officers on scene insinuated that Tucker couldn’t leave and was being arrested since the Terry stop lasted for more than 30 minutes and he was not allowed to move freely after he was detained.

Defense counsel said that any questions asked at this point could elicit a criminal response and made Tucker incriminate himself as if an interrogation was being conducted.

In response, the prosecution stated that the detention of Tucker on his property was a Terry stop, not an arrest. The questions officers asked were during the stop, not during the arrest, in which Miranda rights would have to be read to the subject.

Judge Hertzfeld ruled that the motion to suppress evidence was denied, and no constitutional rights were violated.

An additional motion to suppress evidence was related to evidence found from a search of Tucker’s car and home. Garcia stated that this search was not constitutional under the Fourth Amendment and that evidence from it should not be admissible in court. The evidence should not be admissible due to the unreliability of cell phone ping data and a vague vehicle/physical description that was used to find and stop Tucker, alleged defense counsel.

The prosecution argued that between the cellphone data being accurate beyond a doubt and the description of the vehicle being located at the address the cell phone pinged, the stop was reasonable for a search.

Judge Hertzfeld agreed with prosecution and ruled that the motion would be denied to suppress the evidence from entering into court proceedings.

A motion to suppress identification of the defendant was brought forward by defense. Garcia alleged that the identification made of the defendant by the witness was inadmissible because the show-up that was conducted by officers was suggestive, and the identifier, who was the carjacking victim, was unreliable.

The victim was brought to where Tucker had been stopped, at that time he was being “perp walked out” and in handcuffs, according to defense. Due to the appearance of Tucker it should be considered unduly suggestive.

The defense furthered by saying that the victim had been arrested and charged with possession of an open container of alcohol (POCA) earlier in the evening. They alleged that he had been under the influence of alcohol during the evening and therefore could not make a reliable identification of the suspect.

Prosecutors argued that the identification was reliable because the victim was able to give a detailed description of the suspect and was able to identify what role he played in the assault.

In the show-up, the victim stated that Tucker was the individual who pointed the gun at him. The prosecution also claimed that the victim stated that he was “100 percent” confident in his identification of the suspect to officers at the show-up.

The prosecution added that being arrested and charged with POCA did not inherently mean that the victim was under the influence that evening or during the time of the incident. The court also ruled that the victim’s history of alcohol use or his other open cases that involve the use of alcohol would be allowed to be discussed during this case.

In regard to the undue suggestivity of the show-up, the prosecution cited case law that stated that an individual being in handcuffs and or the presence of police does not constitute an excess of suggestivity.

The judge denied the motion to suppress the identification of the defendant.

Tulley argued that the victim testifying for the prosecution was a conflict of bias and currying favor. The victim has an open felony case in which the prosecutors for Tucker are the same in the case of the victim.

Prosecutors argued that there is no bias or currying of favor because the victim has a right to testify to his actions on the night of the incident.

The defense moved to suppress screen shots and testimony regarding the tracking of the victim’s phone, which was in his vehicle the night it was taken. The defense argued that the victim should not be able to testify about tracking his phone to the location where Tucker was later found.

The prosecution argued that the location of the phone in question was computer generated and therefore the screenshots of the location of the device that had been allegedly stolen would be admissible as evidence in regards to how the defendant and the car were located.

Judge Hertzfeld did not issue a ruling on the motion to suppress the screen shots and testimony regarding the tracking of the victims phone.

Parties are set to reconvene Oct. 23.

Defendant Pleads Guilty in Minnesota Avenue Stabbing

A stabbing defendant pleaded guilty to his involvement in a verbal altercation that resulted in a man being physically beaten and stabbed twice before DC Superior Court Judge Judith Pipe on Oct. 22.

Cornell Shumate, 42, was originally charged with assault with significant bodily injury for his involvement in the non-fatal stabbing of one individual on the 3900 block of Minnesota Ave, NE on May 30. The incident left one victim with trauma to the head and two stab wounds in the back.

During the hearing, Shumate and his attorney Matthew Davies signed a disposition of his case, which required him to plead guilty to the assault with significant bodily injury charge in exchange for the prosecution not seeking an indictment.

Davies recommended that Shumate be transferred to the Central Treatment Facility in the DC Jail pending sentencing for mental health treatment, however the court ruled it was up to the Department of Corrections to transfer the defendant.

Parties are slated to reconvene for sentencing on Dec. 19.

Judge Grants Shooting Defendant’s Release

DC Superior Court Judge Jennifer Di Toro granted a non-fatal shooting defendant’s request for release on Oct. 15.

Cornell Smith, 22, 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. The incident occurred on the 2200 block of Minnesota Avenue, SE, on Aug. 16. One individual sustained injuries.

During the hearing Smith’s attorney, Sean McCliggott, made arguments for Smith’s release from custody. McCliggott noted that Smith’s clothing was different from that of the shooter’s as seen in CCTV footage.

He also argued that mere presence at the scene is not enough to hold Smith who he insisted is not one of the shooters.

Prosecutors argued that there were three people in the suspect vehicle and an hour passed between the time of the offense and when they were stopped. They stated a lot can happen in an hour. Prosecutors also noted that the CCTV footage is grainy and hard to see.

McCliggott claimed that when Smith was stopped by police he was compliant and wearing the same attire he had been the whole day and not facing 15 years for something he didn’t do.

The prosecution also brought up Smith’s criminal history as a reason for Smith to remain held. McCliggott stated that he doesn’t deny that Smith made mistakes as a young man, but that doesn’t mean he committed this crime.

Taking the arguments into consideration, Judge Di Toro ordered that Smith be released to 24 hour home confinement.

Parties are slated to reconvene on Oct. 21.

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