Judge Denies Release of a First-Degree Murder Co-defendant

On Aug.18, D.C. Superior Court Judge Anthony Epstein denied the defense’s request to release a homicide co-defendant.

Darryl Little, 29, is charged with conspiracy, multiple counts of first-degree murder, possession of a firearm during crime of violence, and robbery while armed for his alleged involvement in the death of 21-year-old Albert Smith on June 14, 2020, on the 1300 block of Congress Street, SE.

According to court documents, the homicide case includes four other co-defendants.

Marcel Gavin, 36, John Wilkins, 33, Kharee Jackson, 24, and Earl Robinson, 31, all pleaded not guilty to all charges in a July 10 hearing.

The court issued a bench warrant for Little on June 14, and he was arrested on Aug.16. During the time, Little was absent from court hearings.

Little’s attorney, Wole Falodun, requested for release. Falodun stated no evidence showed Little conducted the robbery and shooting.

The prosecutor mentioned that Little has made multiple attempts to travel outside the jurisdiction and plans to flee. He presented evidence of Little’s using 15 burner cell phones, and argued that he was a fugitive for two months avoiding US Marshals.

Judge Epstein agreed Little poses a high risk of endangering the community.

Little remains detained at DC Jail .

The next hearing is scheduled for Sept.8.

US Park Police Officer Testifies in Preliminary Hearing for a Vehicular Homicide

On Aug. 17, a US Park Police officer testified in a preliminary hearing for a 2023 vehicular homicide case before DC Superior Court Judge Maribeth Raffinan.

Benjamin Robertson, 34, is charged with second-degree murder for allegedly striking two pedestrians with his vehicle, including 74-year-old Bing Wong, on July 12 at the intersection of 17th Street and Constitution Avenue, NW. Wong succumbed to his injuries later that day. A 13-year-old female victim was also struck but survived.

According to court documents, Robertson said he was carjacked as he was leaving a urine test for a potential job and a man with a gun jumped into the passenger seat. Robertson said he kept driving because he was scared the man would shoot him.

Robertson said he would have stopped if he realized he hit someone and he didn’t notice the damage to the vehicle until he parked at his apartment.

At the hearing, the prosecution called a responding US Park Police officer to the witness stand. The officer discussed surveillance footage used in the investigation of the incident.

A surveillance video taken by an eyewitness, which was shown in court, showed a blue Honda Accord swerving across double-yellow lines into the opposite lane and running a red light ahead of a US Secret Service (USSS) vehicle with its emergency lights on.

Screenshots from surveillance videos clarified that the vehicle briefly collided with another vehicle as it ran the red light before striking two pedestrians on a crosswalk.

The officer made an in-court identification of Robertson based on their interactions with him, their viewing of surveillance footage, and their involvement in his arrest.

The officer testified that surveillance footage from Robertson’s apartment building showed him walking toward a vehicle, which they said is the same vehicle involved in the incident. There was no visible damage to the vehicle as it pulled out of the parking lot.

The officer further testified that footage from the apartment building, approximately 21 minutes after the incident, shows Robertson moving away from what is presumed to be the same vehicle which had visible cracks in the front windshield.

The prosecution also showed a video of the car parked outside the location where Robertson received his urine test. No one was seen attempting to enter the vehicle.

During the cross-examination, Robertson’s defense attorney, Madalyn Harvey, questioned why the officer included information provided by witnesses in their sworn affidavit when they did not speak to all of the witnesses directly.

The officer clarified that information from witnesses used in the affidavit came from written statements they provided, which included a line confirming the information provided was true and accurate to the best of the witness’ ability. The officer was unsure whether all of the written statements included this line.

Harvey then asked the officer about their role in an ongoing civil lawsuit against the US Park Police regarding contact with Black Lives Matter protesters. The officer confirmed that there were “use of force” allegations against them, which Harvey pointed out goes to potential bias against Robertson, who is a Black male.

In further questioning, the witness said their colleague who initiated the traffic stop said the vehicle’s windows had a dark tint and were cracked open. The witness’ colleague also said they saw a Black man in the vehicle and smelled marijuana. Harvey asked how the officer could have observed this while the tinted windows were up, as shown in the surveillance videos.

Harvey asked about the witness’ training in homicide investigations and interviewing suspects. The witness said they had training in interrogations but not homicide investigations.

Judge Raffinan said they should continue at a later date. Harvey estimated she would require at least another hour for the remainder of her cross-examination.

Parties are expected to return on Aug. 25 to resume the cross-examination of the witness.

Case Acquitted – Final Arguments: Was It Self-Defense or Murder?

Green was acquitted of murder on Aug. 24, 2023.

On Aug. 18, parties in the Tamika Green trial rested their cases and presented their closing arguments after an emotional three-week trial before DC Superior Court Judge Marisa Demeo.

Green, 37, is charged with second-degree murder, possession of a firearm during a crime of violence, and carrying a pistol without a license, for allegedly murdering her boyfriend on Feb. 20, 2020 in an apartment on the 1600 block of 18th Street, SE.

Bryan Tate Jr., 37, died from gunshot wounds sustained in his shoulder and hip. Defense attorneys say Green was acting in self-defense during a physical altercation with Tate.

Green’s defense attorneys continued questioning one of Tate’s ex-girlfriends and “baby mama” regarding her relationship with Tate.

According to the witness, she dated Tate on-and-off for almost seven years and had children with him.

Hannah Claudio, Green’s attorney, asked the witness about various protective orders she had filed against Tate between 2006 and 2009 and the incidents surrounding the documents.

In court, with documents to refresh her memory, the witness told jurors of times Tate assaulted her. According to her, on May 25, 2006, Tate sexually assaulted her and put “hickeys” on her face and neck. When he found out she had called the Prince George’s County Police Department, Tate became upset and allegedly hit her, causing a black eye. She testified that her children were present at the time of the incident.

“He was an excellent father,” said the witness, stating that although they had their differences, his parenting skills never waivered.

She also recalled an incident in 2009 where Tate pushed her and sprained her ankle. According to the witness, Tate dismantled her car because he was upset she was going out with friends to celebrate her birthday. He became even more irate when he found out she called the police, going as far as hitting her, choking her, and threatening to hurt and kill her.

According to the witness, in another 2009 incident, Tate went to the witness’ job uninvited, which was in a secure government building, yelled at her, broke her phone, stole her keys, phone, and other belongings, and threatened to hold her and other individuals on her floor hostage before leaving. When officers from the Metropolitan Police Department (MPD) showed up, she alerted them of what had happened and told them he took some of her belongings. The MPD officers at the scene called Tate’s father, who was a police officer, to try to get Tate to bring back the belongings.

During the government’s cross examination, the witness told the court she and Tate had broken up for good in 2007 but maintained cordial contact as they tried to co-parent. She stated that, although things did become physical between them, Tate never used a weapon to assault her, and she never feared for her life when she was around him.

Following the witness’ testimony, the defense rested their case.

As part of their rebuttal, prosecutors called forth a MPD detective to testify regarding Green’s failure to file police reports, protection orders, and restraining orders against Tate as she allegedly experienced domestic violence issues.

According to the detective, Green never filed any reports against Tate, and never called 911 when any of the alleged domestic violence incidents occurred.

Kevann Gardner, Green’s defense attorney, questioned the detective regarding the likelihood that women would report domestic violence incidents.

“Detective, you know there’s many reasons why domestic violence victims don’t report these incidents, correct?” Gardner said. The detective agreed that domestic violence victims will sometimes not report the incidents.

During closing arguments, both sides recapitulated many of the same themes they introduced at trial.

Gardner challenged the 10-women, two-man jury panel to come up with enough evidence to show that Green’s actions met the high-bar of being guilty of murder beyond a reasonable doubt.

He painted a picture of an abused woman who on the night of the incident tried to fight off Tate as he grabbed Green by the hair, punched her in the head and “wrapped his hands tighter and tighter around her neck. She thought she was going to die.”

Gardner said Green never intended to kill Tate; she just “wanted to make it stop.” As in the trial, Gardner asked the jury to consider Tate’s pattern of violent encounters with women and that Green was the latest victim.

In a moment of courtroom drama, Gardner displayed a car jack that he said Tate used to break the car windows of a former girlfriend traumatizing her–an incident captured on police bodycam video.

Originally, Green said she was the victim of a robbery and that Tate was shot in the attack, a story she told MPD officers investigating the case and that she claimed to call for help.

However, that story unraveled as contradictions in Green’s version of events became apparent in her cell phone records and texts.

Gardner contended that Green became “frazzled and frantic” after the shooting and was not about to confess to the crime. He said part of her reluctance to tell the truth was, again, that Tate’s parents are police officers.

For its part, the prosecution made the obvious point that they “couldn’t call the best witness, BJ, because he was killed.” They say Green’s account of the shooting was a “fairy tale.”

Green, says the prosecution knowingly and voluntarily, “used her gun and shot twice.” Her actions were not self-defense, rather she was angry at Tate about a broken promise to take her nephew to buy ice cream, and unhappy with their seven-year relationship.

In the end, the prosecution says, “She didn’t care what happened to BJ.”

Based on testimony from the medical examiner about the damage to Tate’s body and his position after the shooting, prosecutors say he couldn’t have tried to strangle Green.

An unanswered question in the case is what happened to the murder weapon which was never recovered, although bullet casings were found in the apartment linked to an “unknown” gun. Tate was believed to have guns.

Gardner warned the jury not to be misled by the long list of experts called by the prosecution, which he called a “distraction.”

Jury deliberations in the case are expected to begin on Aug. 21.

Case Acquitted: Prosecutors Cross Examine Defendant in Domestic Homicide Case

Green was acquitted of murder on Aug. 24, 2023.

On Aug. 17, DC Superior Judge Marisa Demeo heard more testimony in a 2021 domestic homicide case.

Tamika Green, 37, is charged with second-degree murder, possession of a firearm during a crime of violence, and carrying a pistol without a license, for allegedly murdering her boyfriend on Feb. 20, 2020 in an apartment on the 1600 block of 18th Street, SE.

Bryan Tate Jr., 37, died from gunshot wounds sustained in his shoulder and hip. Defense attorneys say Green was acting in self-defense during a physical altercation with Tate.

The trial was delayed until two p.m. because Green had a medical issue. US Marshals allegedly took away needed medicine, and as a result, she had to return to the jail to see a doctor to get the required medication, before continuing her testimony.

As a continuance of her testimony from Aug. 16, Green told prosecutors she locked the locks outside the metal door to their apartment so Tate would have to wait for an ambulance since he couldn’t get help on his own.

She said she called 911 as she was leaving the apartment to get Tate help. However, she said she never told the dispatchers to send an ambulance. She also admitted to hanging up without telling the dispatchers that Tate was shot, and she did not answer the phone when they returned her call.

Green said she took the murder weapon, a gun allegedly owned by Tate, with her as she was fleeing the apartment, and dumped it down a sewer drain while on the way to her cousin’s house in Maryland that night.

Green finished her testimony and defense attorneys called on another one of Tate’s former girlfriend who said she had a temporary protective order imposed against Tate in 2006.

The woman testified that she did not remember what exactly happened but she does recall the pair engaged in heated arguments.

The trial is set to continue on Aug 18.

Document: MPD Officer Involved Shooting: 7400 Block of Georgia Avenue, Northwest

Agents from the Force Investigation Team of the Metropolitan Police Department’s (MPD) Internal Affairs Bureau are investigating an MPD officer involved shooting that occurred on Aug. 17 on the 7400 block of Georgia Avenue, NW.

According to MPD documents, officers were dispatched to the location for the report of a man with a gun in a domestic violent incident. When officers arrived, they couldn’t locate the people involved in the incident.

A while later, officers were dispatched again to the location for the report of a shooting that involved the previous domestic violence incident. When officers arrived at the scene, witnesses gave them descriptions of the alleged shooter. Officers observed the suspect at the end of the block and tried to get him to comply with them in English and Spanish. The suspect fired shots as officers tried to get him to comply with their verbal commands. One of the officers discharged their service weapon, and struck the suspect. They immediately started rendering aid, and transported the suspect to a local hospital for treatment.

The suspect is in critical but stable condition, and is expected to survive.

On Aug. 17, MPD arrested and charged 34-year-old Javier Reyes-Lopez with assault on a police officer, carrying a pistol without a license, possession of an unregistered firearm, possession of unregistered ammunition, unlawful discharge of a firearm, kidnapping, assault with a dangerous weapon (gun) domestic violence, destruction of property, among other charges.

Document: Traffic Fatality: Intersection of 10th Street and Pennsylvania Avenue, Northwest

The Metropolitan Police Department’s (MPD) Major Crash Unit is investigating a traffic fatality that occurred on Aug. 16 at the intersection of 10th Street and Pennsylvania Avenue, NW.

According to MPD documents, the pedestrian was crossing Pennsylvania Avenue, NW southbound against the light. A Kia Sorento, operated by an adult male, was traveling eastbound with the green light signal. The Kia struck the pedestrian, and the pedestrian was transported to a local hospital. After all life-saving efforts failed, the pedestrian was pronounced dead.

The driver remained at the scene and cooperated with MPD, but showed signs of impairment. He was arrested for DUI.

The victim’s identity is being withheld pending next of kin notifications.

Judge Finds Probable Cause in ‘Street-Brawl’ Homicide Case

On Aug. 17, DC Superior Court Judge Rainey Brandt ruled that the prosecutor’s evidence reached the minimum requirements for probable cause in a June homicide case.

David Pena, 46, is charged with second-degree murder while armed for his alleged involvement in the shooting of 24-year-old Maurice Robinson that occurred on June 12, on the 2900 block of Southern Avenue, SE. Robinson succumbed to his injuries on June 13 at a local hospital.

According to documents from the Metropolitan Police Department (MPD), which were adopted as testimony by a detective in an Aug. 16 hearing, the shooting was a result of a “street-brawl” that ensued when one group showed up at the crime scene allegedly looking to start a fight with Pena’s family member. The two groups were seen fighting one another.

Surveillance footage shows that, as the fight begins to subside, Pena shoots at Robinson 5 times, causing four injuries to Robinson’s back. According to a report from the medical examiner, the shots severely damaged Robinson’s aorta, trachea, and esophagus.

After taking time to review surveillance footage of the incident, Judge Brandt argued that since several eyewitnesses identified Pena as the shooter, the evidence established probable cause that Pena pulled the trigger, killing Robinson.

“The defendant personified the saying ‘you do not bring a knife to a gunfight,” said Judge Brandt. “The defendant brought a gun to a fist fight, and, unfortunately, Maurice Robinson died because of it,” she continued.

In the Aug. 16 hearing, Dana Page, Pena’s defense attorney, contended that Pena was defending himself and his daughter from the group that showed up to fight her.

“Evidence does not support that [Pena] was defending anyone… Robinson was moving away from Pena when he shot,” Judge Brandt insisted.

“This was a very odd way to solve one’s differences,” Judge Brandt stated.

Following Judge Brandt’s ruling, the defense requested Pena be released waiting for a resolution of the case, arguing that he has a good job, put a roof over his head, and had support from family, friends, and individuals in the community.

Counsel for Pena argued that “[Pena] was responding and reacting” to the situation that put his daughter at risk when the group showed up to fight her. “This is not something he set out to do,” Page insisted.

Page went on to explain that Pena is concerned about his family’s safety and well-being, especially because the apartment where his daughter lives was set on fire a day after the shooting. MPD is still investigating that incident.

Prosecutors opposed the motion for release, arguing that “Pena should’ve known better than to take a gun to a fist fight”.

Prosecutors also mentioned that Pena has two prior gun possession convictions that prohibited him from being able to possess any firearms. They also asserted the murder weapon has not yet been recovered, and expressed concern that, if Pena was released, he would still have access to the firearm.

“He is still a danger to the community,” prosecutors insisted. They maintained that there is no condition or combination of conditions that would guarantee the community’s safety if Pena is released.

Judge Brandt denied the release motion, stating “you would think he would have learned his lesson with the two possession convictions”.

“This could have easily turned into a multi-homicide case. It was reckless, totally reckless. Brazen,” she proclaimed.

Judge Brandt worried about the consequences, should he be released. “I’m concerned someone will retaliate, or he can do something else in order to protect his family,” she stated.

“There is no condition, or combination of conditions, that can reasonably assure [Pena] won’t be a danger to the community,” she said.

Parties are expected back Dec. 4 to check on the progress of indictment.

Judge Accepts Prosecutor’s Request to Dismiss 2017 Homicide Case Without Prejudice

On Aug. 17, DC Superior Court Judge Maribeth Raffinan dismissed a 2017 homicide case without prejudice following a request from the prosecution.

Jordan Smith, 36, was charged with first-degree murder while armed and two firearm offenses for his alleged involvement in the shooting death of 42-year-old Yashika Green on March 1, 2017, on the 200 block of Wayne Place, SE. Green succumbed to her injuries on July 21 of the same year.

Smith was held at DC Jail from November 2017 until August 2019 when a judge agreed to release him. He has been under the supervision of Pretrial Services (PSA) since then.

The prosecution said that upon reviewing the evidence in this case, they would like the indictment to be dismissed.

The defense requested the case be dismissed with prejudice, meaning it would be permanently dismissed and could not be reopened. The prosecution objected and requested the dismissal be without prejudice.

Parties agreed that the case could be dismissed without prejudice at the hearing and they would file written motions regarding the prosecution’s ability to reopen the case for the court to rule on.

Judge Raffinan granted the request to dismiss the indictment without prejudice with the understanding that written motions would be filed.

No further dates are set in this case.

Homicide Defendant Pleads Not Guilty to All Charges and Remains on Curfew

On Aug. 17, a defendant in a 2022 homicide was arraigned before DC Superior Court Judge Maribeth Raffinan.

Desmond Gaskin, 37, is charged with second-degree murder while armed, unlawful possession of a firearm with a prior conviction, first-degree theft, and several other charges for his alleged involvement in the shooting death of 40-year-old William Whittington Jr. on July 19, 2022, on the 400 block of Burbank Street, SE.

Gaskin’s attorney, Jason Tulley, alerted the court Gaskin was pleading not guilty to all charges and asserted his fifth and Sixth Amendment rights as well as his right to a speedy trial.

The defense made an oral request to modify Gaskin’s release conditions to remove his curfew from midnight to 6 a.m. Tulley said the “community is not going to be unsafe” if Gaskin is allowed to be out during these hours.

The prosecution objected to the request and said the defendant is alleged to have stolen a hard drive containing surveillance footage of the crime scene at 1:00 a.m. on July 20, 2022, which warrants the curfew. They asked the defense to file a written motion so they could respond.

Judge Raffinan denied the request to eliminate Gaskin’s curfew because the case has now been indicted by a grand jury. She told Gaskin to continue complying with his release conditions.

Parties are expected to return on Oct. 12 for a status hearing.

Homicide Defendant Waives Right to Independently Test Items Recovered From Scene

On Aug. 17, a homicide defendant waived his right to independently test items for DNA before DC Superior Court Judge Maribeth Raffinan.

Jerome Israel, 19, is charged with first-degree murder while armed for his alleged involvement in the shooting death of 24-year-old Chaquan Barbett on Aug. 23, 2022, on the 2300 block of Minnesota Avenue, SE.

According to court documents, Israel is also suspected to be involved in a series of carjackings that occurred between Aug. 20 and Aug. 29, 2022.

At the hearing, the prosecutor disclosed the items recovered in the case that could potentially be tested for DNA. From the scene of the homicide, investigators recovered shell casings, a baseball cap, and Barbett’s clothing.

From one of the vehicles recovered in the carjacking investigations, investigators obtained the suspected weapon used to kill Barbett as well as a juice bottle. Both items were tested for DNA and some inculpatory evidence leading to Israel was found.

Israel’s attorney, Janai Reed, said her client initially wanted items to be tested independently, but has decided to waive his rights following communication from the defense’s expert.

Judge Raffinan reminded the defendant that waiving his rights now would mean he might not be able to change his mind later. After asking several questions to confirm his understanding, the court accepted Israel’s waiver.

Parties are expected to return on Oct. 3 for a status hearing, which will be converted to an arraignment if the case is indicted.

Document: Homicide: 1200 Block of Sumner Road, Southeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Aug. 16 on the 1200 block of Sumner Road, SE.

According to MPD documents, officers responded to the location for the report of a shooting. Members of the MPD were notified of a walk-in adult male shooting victim at an area hospital. After all life-saving efforts failed, the victim was pronounced dead.

The victim was identified as 32-year-old Justin Garland.

MPD is asking anyone with information regarding the incident to reach out.

Document: Homicide: 3000 Block of 14th Street, Northwest

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Aug. 16 on the 3000 block of 14th Street, NW.

According to MPD documents, officers in surrounding areas heard the sounds of gunshots and began canvassing the location. They located an adult male shooting victim with no signs consistent with life. A second adult male shooting victim was located on the 1300 block of Columbia Road, NW. He was transported to a local hospital for the treatment of non-life-threatening injuries.

The homicide victim has been identified as 33-year-old Kevin Scott.

Document: Updated with Video Suspect Sought in an Assault with a Dangerous Weapon (Gun) and Armed Robbery (Gun) Offense: 700 Block of H Street, Northeast

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect in reference to a non-fatal shooting and robbery that occurred on Aug. 9 on the 700 block of H Street, NE.

According to MPD documents, the suspect approached the victim at the location, brandished a handgun and shot the victim. The suspect then fled the scene with the victim’s property. The victim was transported to a local hospital for the treatment of non-life-threatening injuries.

Surveillance cameras captured the suspect near the location of the incident.

Document: Suspect Sought in a Homicide: 800 Block of 10th Street, Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch is seeking the public’s assistance in identifying and locating a suspect in a homicide that occurred on Aug. 14, on the 800 block of 10th Street, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male shooting victim with no signs consistent with life.

The victim was identified as 71-year-old Eddie Curtis.

Nearby surveillance footage captured the suspect.

Homicide Defendant Claims Self-Defense in ‘Street Brawl’ Shooting

On Aug. 16, DC Superior Court Judge Rainey Brandt continued a preliminary hearing to review surveillance footage before ruling on probable cause in a 2023 homicide case.

At the hearing, the prosecution called a responding Metropolitan Police Department (MPD) officer to the witness stand. During direct examination, the officer described the events based on witness accounts and the footage.

The witness discussed surveillance footage from a nearby apartment complex that captured the incident.

The surveillance video, which was shown in court, shows Robinson and his family members exiting two SUVs from a nearby parking lot and walking toward the scene. According to MPD documents presented by the officer as part of his testimony, the individuals traveled to the scene with the intention of a physical confrontation with Pena’s daughter.

Footage from another angle shows the confrontation as it moved into the street. Several of Pena’s family members as well as Robinson’s associates were seen getting involved in the fight. Judge Brandt described the incident as a “street brawl.”

According to court documents, the fight occurred outside the apartment complex where both Pena and his daughter reside. One of Robinson’s family members is known to have been engaged in an ongoing dispute with Pena’s daughter.

At one point in the video, the witness said members of Robinson’s group were seen “stomping on [Pena’s daughter’s] head.”

As the confrontation progressed, Pena was seen moving around a parked vehicle next to the scene and out of the surveillance camera’s view. Robinson was seen moving in that same direction shortly after.

After both Pena and Robinson re-entered the camera’s view, Pena was seen firing several shots at Robinson as he ran away. Robinson ran to a nearby parking lot where he collapsed and was taken to the hospital by his family members.

The prosecution also brought up an alleged arson still being investigated that occurred the day after the shooting at the apartment complex where Pena lives.

Pena’s defense attorney, Dana Page, clarified the relationships between the individuals seen in the footage, separating members of Pena’s group from those who were part of Robinson’s. She discussed the interviews that MPD officers conducted both at the scene and at the hospital.

Page said the individuals from Pena’s group had been very cooperative with detectives and their statements were consistent with the surveillance footage, while individuals from Robinson’s group were not entirely up-front about their role in the fight.

After the witness’ testimony, parties began their arguments. The prosecution asked Judge Brandt for a ruling of probable cause for second-degree murder while armed. They said this is “not an identity case,” as it is clear Pena fired multiple shots at Robinson in rapid succession.

The prosecution further argued that since Robinson sustained four gunshot wounds to his back as he was running away from Pena, the defendant was not acting in self-defense at the moment he fired the gun.

The defense, meanwhile, said the video shows another story entirely, where Pena is trying to break up the fight and gets knocked down in the process. They said Pena tried to leave the scene, Robinson chases him, and then Pena begins shooting.

Page said Pena is clearly acting to defend himself and his daughter, as he was being chased and his daughter was allegedly being attacked. She asked for no finding of probable cause and Pena’s release.

The prosecution responded there is no indication that Robinson runs at Pena. They also said that the assault on Pena’s daughter occurred before Pena started shooting. They said Pena was the one who escalated the fight by bringing out a gun and firing it multiple times.

Parties are expected back on Aug. 17 to hear the court’s ruling.

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