Non-Fatal Stabbing Defendant Acquitted of All Charges

A jury in DC Superior Court Judge Michael Ryan’s courtroom handed down a not guilty verdict, acquitting a non-fatal stabbing defendant on Sept. 30.

Jerrell Smith, 31, was charged with aggravated assault while armed and carrying a dangerous weapon within the District for allegedly stabbing a victim on June 2, 2023. Court documents are not clear on where the incident occurred but police responded at the United Medical Center on the 1300 block of Southern Avenue, SE.

The jury unanimously found Smith not guilty on both counts.

Smith has an additional case pending trial. A status hearing is set for Oct. 15 to address next steps for the parties.

Judge Sentences Defendant For Domestic Stabbing

DC Superior Court Judge Judith Pipe imposed a partially suspended sentence for a stabbing defendant on Sept. 26.

Walter Romero-Ventura, 32, was initially charged with kidnapping while armed and assault with a dangerous weapon for his involvement in a kidnapping and stabbing on May 6, 2024, on the 1300 block of 15th Street, NW. Romero was arrested on May 20, 2024.

According to court documents, the victim, his then-girlfriend, said Romero-Ventura allegedly forced her into a vehicle, stabbed her with a knife or box cutter and threatened to kill her.

During the hearing, Romero-Ventura accepted a deal that required him to plead guilty to simple assault and felony contempt. In exchange, all other charges were dropped and the prosecution did not seek an indictment.

The prosecution read the victim’s impact statement addressing how women are common targets of domestic abuse.

“No more women should keep being victims. We are worth a lot,” the victim wrote.

The prosecution argued that Romero-Ventura had a “complete lack of remorse” for his actions and continues to blame the victim rather than take accountability.

The prosecution asked for supervised release but did not think Romero-Ventura is fit for probation because he is not trustworthy. They highlighted that those who sent the defendant letters of support are “completely in the dark” about his infidelity regarding the victim and emphasized that he violated the judge’s stay-away order.

Judge Pipe asked whether the victim wants a stay-away order because she can only impose one if she puts Romero-Ventura on probation. The prosecution did not know the answer.

Jude Pipe noted even though she imposed a stay-away order, the U.S. Parol Commission is not obligated to enforce it. According to the Legal Information Institute at Cornell Law School, the parol commission has the “sole authority” to enforce release conditions.

Meanwhile, Romero-Ventura’s defense attorney Henry Escoto said the defendant called the victim, thereby violating the stay-away order, because the victim contacted someone who knows him and he succumbed to the pressure.

Escoto asked for a suspended sentence with one year of probation and conditions imposed by the court.

“It wasn’t his intention to cause [the victim] any harm. … Sometimes things can be lost in translation,” Escoto said.

Escoto refuted the prosecution’s argument, arguing Romero-Ventura does not blame the victim “for what happened” but rather blames himself for “putting himself in this situation.”

Escoto added that Romero-Ventura is not in court for infidelity, dismissing that prosecution argument;

“There was no violence on his part,” Escoto argued. “We don’t see that on the .”

Romero-Ventura apologized to the victim and apologized for violating the judge’s order.

“This happened during a time of weakness and depression I was going through,” Romero-Ventura said.

Judge Pipe acknowledged the defendant has no criminal history but remained concerned that he violated the only condition she imposed, which was the stay-away order–common in domestic dispute cases.

“I’m not sure that this is an anomaly,” Judge Pipe said.

However, she agreed to give him probation and a longer suspension, of nine months, than the prosecution asked for.

“I’m going to give [him] an opportunity,” Judge Pipe said.

Judge Pipe said, based on the victim impact statement, it sounds like the victim wants a stay-away order. Judge Pipe said what the victim wants is most important to her.

“You have to stay away and have no contact with [the victim],” Judge Pipe said to Romero-Ventura.

She explained that if he violates the order at her encouragement, he will be arrested.

Judge Pipe sentenced Romero-Venture to 180 days for simple assault and 11 months, with all but two suspended, for contempt. Romero-Ventura will also serve three years of supervised release and one year of probation. These sentences run consecutively to each other.

No future hearings were scheduled.

Shooting Witness in Car Charger Dispute Testifies ‘I Thought I Was Going to Die That Day’

DC Superior Court Judge Danya Dayson heard dramatic testimony from witnesses on Oct. 6 in the jury trial of a non-fatal shooting defendant.

Ato Ocran, 46, is indicted on charges of assault with intent to kill while armed, aggravated assault knowingly while armed, four counts of possession of a firearm during a crime of violence, two counts of assault with a dangerous weapon, destruction of property $1,000 or more, carrying a pistol without a license outside a home or business, and 4 counts of possession of an unregistered firearm.

These charges stem from Ocran’s alleged involvement in a non-fatal shooting of a victim on June 3, at the 2000 block of 13th Street NE. The victim was shot once in the left shoulder in a dispute about an unplugged vehicle charger that quickly escalated into violence.

The prosecution recalled an eyewitness who was in the vehicle with the victim when shots were fired.

He told the jury that as he and the victim were driving down 10th Street when a blue Tesla pulled up beside their car and he heard “pow, pow, pow”. When asked how many gunshots he heard he said “like four”. He went on to say that a bullet flew right in front of his face and he “thought I was going to die that day”.

According to the witness, after the shots rang out the victim said “I got shot”. When asked about his relationship with the victim he said that was his sister’s boyfriend and that they lived together.

The prosecution asked if he had a gun on him that day, he stated “no ma’am”. The prosecution also asked the witness if he was the same individual who had pleaded guilty to multiple cases of possession of drugs with intent to distribute, and he agreed.

In cross examination Ocran’s attorney, Elizabeth White, asked the witness if in 2024 he pled guilty for attempting to distribute the drug PCP (Phencyclidine). He said he was.

He stated that on June 3, the day of the incident, he was using PCP, crack cocaine and drinking alcohol.

The witness stated that when he arrived at the Giant grocery store where the defendant and victim were having an argument, the victim was angry. When asked if the victim told the witness he was going to follow the blue Tesla, the defendant’s vehicle, he said yes.

He said that after the shooting, the victim continued driving and pulled over at 15th Street where the witness got out. The witness said that the victim drove off and he remained on 15th Street talking to the victim’s family.

White asked if it was correct that he did not see the victim when he arrived at his sister’s house after exiting the vehicle on 15th Street. He stated that the victim was there when he arrived. He was then approached with his grand jury transcript where he had stated that the victim was “pulling up” to the house, not already on scene. He stood by his original statement in which he said the victim was already at his sister’s house.

In redirect the witness altered his testimony about the use of drugs during the day of the incident. He said that he got mixed up with the days and did not know that June 3 was the day that the victim was shot. He went on to say on the day of the shooting he was not on any drugs.

The prosecution called another eyewitness, the victim’s daughter.

She said that on the day of the shooting she had returned home from an interview and was taking a nap when she woke up to her mother on the phone with her father yelling “fight, fight”.

She testified she walked the five minutes from her house to the Giant supermarket parking lot where she saw her father and another man. According to the witness, when she arrived, the victim and another man were not physically fighting, but were yelling at each other. .

According to the witness, the other man got into his blue Tesla and said something to the effect of “stay right there I have something for you” and then drove off. She stayed at the parking lot for approximately ten more minutes while waiting for her mother to pick up her vehicle from the parking lot.

During this time, the witness testified, the victim and the witness’ uncle drove off in the gold Jeep. While the witness and her mother were in the parking lot, her mother received a call from the victim that he had been shot.

The witness testified that she immediately called 911 and started running towards her house – she stated she could track her dad’s location and saw he was heading home.

The 911 call was played in court in which the witness could be heard stating the incident address and asking for an ambulance.

She testified that she went with her father to the hospital.

After the incident, she was shown a photo array of individuals where she identified and circled one individual based on the fact that she had seen this man arguing with her father in the Giant parking lot.

In the defense’s cross examination, the witness told Kevann Gardner, Ocran’s attorney, that her father had been nice to the other man. She stated the victim told her he would be picking up his other children from school as he left the parking lot.

The witness stated that she did not see an altercation, a golf club, a gun, or the shooting. The defense then played the 911 call that the witness placed.

In the call the witness and her mother could be heard trying to get her father to stop driving and wait for an ambulance after he had been shot.

In the prosecution’s redirect, the witness reasserted that she heard the man say something about a gun. She recalled hearing “stay right here, I got something for you” as well as seeing the man “digging in his back seat” leading her to believe he had a gun.

The prosecution also called a Metropolitan Police Department (MPD) officer who responded to the 911 call and took part in the preliminary investigation. The officer made contact with the victim, testifying he arrived on scene and witnessed a male in a white shirt bleeding from his left shoulder. He identified this individual as the victim.

On stand he identified the gold Jeep as having bullet holes in the driver side and blood on the interior. He stated that the Department of Forensic Services (DFS) were called to the scene later to take pictures of the vehicle. Those photos were used as prosecution evidence for the witness to identify.

He stated no one on scene had a gun.

In cross examination by White, the officer was asked if he received information about a witness that said that they saw gunfire coming from the gold Jeep. He said he could not recall and was shown his body worn camera footage, in response he said that the information about this possible witness was relayed to another officer.

Judge Dayson instructed the jury that the question and answer may not be taken as evidence that the victim had a gun and can only be used to weigh the effectiveness of the investigation by MPD.

In the same line of questioning the officer was asked if to his knowledge no officers followed up on the witness that allegedly saw gunfire coming from the victim’s car. He stated he did not know.

When asked if to his knowledge officers did not get a search warrant for the victims house or search the victims hours, he did not know.

The prosecution presented more DFS photos to the officer where he was questioned if he knew that there was a knife in the victim’s car, he stated that he did not know that there was.

In redirect the prosecution asked if to his knowledge any officers followed up with the witness, he stated he did not and that it was up to the lead detective.

Prosecutors called an MPD detective who testified to showing the victim’s daughter a photo array of different individuals after the incident. The detective used the double-blind photo identification procedure, meaning that the detective is unaware if the suspect is among the photos.

Gardner, in a cross examination, noted that the detective does not know what happened that day and whether or not self-defense was a factor.

Another MPD officer was called by the prosecution who testified to searching Ocran’s home. During the search the officer located and recovered an instruction manual for a firearm and a cellphone.

The prosecution called an MPD sergeant with the firearms registration branch of the records division. The sergeant testified that on the day of the incident, Ocran had no firearm registration or concealed carry permit.

In the defense’s cross, the sergeant told Gardner that they do not know what happened that day and whether or not self-defense was a factor.

After the jury was excused, parties discussed the victims mental health and the use of his mental health records. Judge Dayson noted that case law surrounding this topic is specific.

The defense characterized the victim’s behavior as “bizarre” and noted that during an emergency room visit, he was referred to the community resource team for people with mental health crises. Elizabeth White, Ocran’s attorney, stated that the victim was suffering from a mental health episode.

Prosecutors argued that the defense cannot use the records while the defense stated that they would only be used if they’re allowed and if the witness denies a history of mental health issues.

A ruling on the matter was not made.

Parties are slated to reconvene on Oct. 8.

Olivia Swaney and Skye Faison

Prosecutor’s Failure to Indict Carjacking Case Leads to Defendant’s Release

A carjacking defendant was placed on supervised release after prosecutors failed to file an indictment in time before DC Superior Court Judge Carmen McLean on Sept. 23.

Paquette Deshazier, 19, is charged with armed carjacking, armed robbery, and two counts of possession of a firearm during a crime of violence for his alleged involvement in a carjacking incident on the 2000 block of Benning Road, NE on May 13.

According to court documents, Deshazier allegedly stole the victims’ keys and wallet at gunpoint before driving away in the victim’s car.

Prosecutors in Deshazier’s case were previously given a 30 day indictment extension and were supposed to come to the Sept. 23 hearing with an indictment prepared.

The assigned prosecutor requested another extension. She told the Judge McLean that she had recently parachuted into the case after the original prosecutor dropped it for medical reasons and was not aware that she needed to have an indictment filed before the hearing.

Judge McLean rejected the notion that the prosecution did not have enough time or information to prepare an indictment. She noted that the court had already held Deshazier for 90 days and that adding another 30 would be excessive.

“It’s not like this deadline began last hearing,” Judge McLean said. She also noted that the onus was on the prosecutor to familiarize herself with the case and prepare accordingly. An extension was not granted.

Deshazier’s attorney, Joseph Fay, asked for the court to release Deshazier.

The prosecution objected to release, but Judge McLean granted the motion under the conditions of 24-hour home confinement and GPS monitoring. She set a $100 cash bond for Deshazier.

Parties are slated to reconvene Oct. 16.

Defendant Pleads Guilty to Stabbing Case Involving Her Daughter

A defendant accepted a pleaded guilty to stabbing her daughter in front of DC Superior Court Judge Robert Salerno on Sept. 18.

Denise Warren, 58, was originally charged with assault with a dangerous weapon for her involvement in a stabbing that occurred on Sept. 1 at the 3500 Block of East Capitol Street, NE.

Warren pleaded guilty to one count of attempted assault with a dangerous weapon. In return, parties discussed the potential for a suspended sentence and reserved the right to make sentencing allocation.

According to the prosecution, if the case had gone to trial, they would have proven beyond a reasonable doubt that on Sept. 1 Warren attempted to assault her daughter with a kitchen knife because she became upset. The prosecution said Warren’s actions were deliberate and unprovoked, with no legal justification or mitigating factors.

After accepting the plea, Warren, through her attorney, expressed remorse, stating that she was “very sorry it happened.” She explained that she had recently received a housing voucher and requested that the prosecution consider suspending her sentence so she could obtain her own home.

The prosecution did not object and confirmed that probation would be available to her.

Sentencing is slated to be on Nov. 19.

Judge Sentences Defendant to 18 Months in Prison for Jailhouse Stabbing

D.C. Superior Court Judge Jennifer Di Toro sentenced a jailhouse stabbing defendant to 18 months in prison on Sept. 30.

On Aug. 28, Daymark Baird, 21, pleaded guilty to assault with significant bodily injury for his involvement in stabbing an inmate on the 1900 block D Street, SE on April 17.

The prosecution asked for 18 months, to run consecutively, to sentences in two unrelated matters, arguing for incarceration because Baird has multiple cases in Maryland and DC and supervision hasn’t worked in the past.

Regarding the stabbing, the prosecution claimed that Baird wanted the assault at the jail to occur and wanted “maximum pain” for the victim because the victim was allegedly from a rival crew.

The prosecution opposed sentencing under the Youth Rehabilitation Act (YRA), which allows people under 25 who are convicted of certain crimes to have their convictions sealed or cleared after they successfully complete their sentence. The youth police also potentially offers sentencing flexibility.

Defense counsel Chidi Ogolo claimed to understand the prosecution’s concern, however, asked Judge Di Toro for an opportunity for Baird to improve himself.

Ogolo claimed that Baird had time to think about his past and has matured by acknowledging that he can’t be mad at his absent father and single working mother. Ogolo argued that Baird has aspirations to be a welder, however, hasn’t gotten his high school diploma.

The defense attorney asked Judge Di Toro to fashion a sentence that would allow Baird to get his GED, find a job, and get a stable place to live, requesting the defendant be sentenced under the YRA.

Ogolo also said the incident at the jail may have been an “attempt to get along with friends”. Ogolo claimed that Baird was susceptible to crime because of his youth.

Judge Di Toro denied the defense’s request to sentence Baird according to the YRA because his cases are becoming violent and aggressive. However, she argued it wouldn’t be appropriate to sentence Baird at the top of the sentencing guidelines either due to mental health issues.

Judge Di Toro imposed an 18 month sentence, with five years of supervised release, and $100 to the victims of violent crime fund. Baird’s sentence is set to run consecutively to any other sentence he is required to serve.

On supervised release, Judge Di Toro ordered Baird to get his GED or vocational training, transitional housing, mental health treatment, and substance abuse treatment.

Judge Adds Drug Treatment To Release Conditions For Stabbing Defendant

D.C. Superior Court Judge Jennifer Di Toro modified a stabbing defendant’s release conditions to include substance abuse treatment on Sept. 30.

Anthony Jacobs, 59, is charged with assault with a dangerous weapon for allegedly stabbing a person in the abdomen on the 1300 block of Howard Road, SE on Aug. 28.

A Pretrial Services Agency (PSA) representative revealed that Jacobs has failed to check in with PSA, verify his address, and tested positive for PCP. The representative recommended Judge Di Toro add substance abuse treatment to Jacobs’ release conditions.

The prosecution agreed with this addition and Judge Di Toro informed Jacobs that community safety is negatively affected by drug use, reminding him to comply with all conditions.

Judge Di Toro added substance abuse treatment to Jacobs’ release conditions.

The parties are slated to reconvene on Oct. 15.

Homicide Defendant Gets Mental Competence Evaluation

DC Superior Court Judge Danya Dayson ordered a mental competence evaluation for a homicide defendant in a hearing on Sept. 26.

Jordan Therman, 26, is charged with armed robbery, three counts of firearm possession during a crime of violence, felony first-degree murder while armed, premeditated first-degree murder while armed, and unlawful possession of a firearm with a prior conviction for his alleged involvement in the shooting of Denzel Greenwood, 33, on the 1900 block of 13th Street, NW on Aug. 4, 2023.

He is also charged with two counts of assault with the intent to kill while armed, four counts of firearm possession during a crime of violence, aggravated assault while armed, unlawful possession of a firearm with a prior conviction, and endangerment with a firearm for his alleged involvement in a non-fatal shooting incident that wounded an individual on the 3900 block Martin Luther King Jr. Avenue, SW on Feb. 7, 2024.

The prosecution extended a plea offer for assault with a dangerous weapon for the non-fatal shooting and second-degree murder for the homicide. If Therman pleaded guilty, the prosecution would dismiss the other charges. Additional terms of the plea offer were unspecified.

When asked if he had discussed the plea offer with his attorney, Therman didn’t answer, leading Judge Dayson to acquiesce to defense attorney Thomas Key’s request for a mental competence evaluation.

Parties are slated to reconvene on Oct. 3.

Plea Enables Stabbing Defendant to Continue Substance Abuse Treatment

A stabbing defendant pleaded guilty and received a suspended sentence with substance abuse treatment after she spoke to DC Superior Court Judge Jennifer Di Toro on Sept. 29 about her willingness to get help to control her alcohol abuse issues.

Saundra Berry, 57, was originally charged with assault with a dangerous weapon and simple assault for her involvement in a stabbing that occurred Sept. 7 on the 200 block of N Street, SW.

Berry accepted a plea deal that involved the stabbing and her other misdemeanor cases. She pleaded guilty to possession of a prohibited weapon and simple assault and prosecutors dismissed the assault with a dangerous weapon charge. The maximum sentence for possession of a prohibited weapon is one year in prison and six months for simple assault.

Berry’s defense attorney, David Akulian, requested that Berry’s incarceration be suspended, so she could get supervised probation and continue getting mental health and substance abuse treatment.

He said he believes the underlying issue in the incidents was Berry’s alcohol dependency. This dependency was clear, said Akulian, from body-worn camera footage of Berry refusing to give a can of beer to a uniformed officer during a separate incident.

The prosecution requested Berry serve the maximum sentences, with 18 months of supervised probation upon her release. The prosecution requested this length of time due to Berry’s past behavior of threatening and assaulting others.

According to court documents, the incident occurred at Berry’s apartment, where a verbal dispute between the victim and Berry escalated. Berry then struck the victim with a kitchen knife on the finger and bit a second victim who was attempting to restrain her during the altercation.

Berry expressed her regrets and her desire to handle her problem with alcohol. She acknowledged that she needed to get the problem under control to prevent future incidents.

Judge Di Toro sentenced Berry to six months in prison, suspending the entire duration, and 18 months of supervised probation. Berry will continue substance abuse treatment with Prestige Healthcare.

No further dates were scheduled in this case.

Judge Modifies Non-Fatal Shooting Defendant’s Release

DC Superior Court Judge Deborah Israel modified the release conditions of a non-fatal shooting defendant on Oct. 1.

Davian Raines, 20, is charged with three counts of assault with a dangerous weapon and one count of possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting. The incident occurred on the 900 block of U Street, NW on May 11. Three individuals sustained injuries.

During the hearing, Raines’ attorney, Todd Baldwin, made representations to Judge Israel that were not disclosed to the public. Following the representations, Judge Israel stated that Raines’ release would be switched from home confinement to a curfew with GPS monitoring. All other conditions remain the same.

Parties are slated to reconvene on Nov. 14.

Carjacking Defendant Requires Continued Mental Health Services

A carjacking defendant’s defense attorney asked DC Superior Court Judge Judith Pipe on Sept. 26 to delay proceedings, so his client could continue mental health treatment.

Donnell Hannah, 26, is charged with assault with a dangerous weapon and unarmed carjacking for his alleged involvement in an incident on July 21, 2024 on the 800 block of Southern Avenue, SE. Hannah and another individual allegedly fired gunshots before stealing a victim’s car.

“He is in restoration, so we’re doing continued restoration,” Judge Pipe said in agreement with Hannah’s defense attorney, Russell Hairston.

Hannah is receiving competency restoration treatment because Judge Pipe previously determined he was unable to understand his charges or provide aid in his own defense.

The prosecution did not object and the case was continued.

Parties are slated to reconvene Oct. 30.

Victim Haunted By Sounds of Gunfire, Defendant Sentenced to 5 Years of in Prison

A shooting victim revealed on Sept. 26 the debilitating impacts of being shot in the neck as DC Superior Court Judge Judith Pipe sentenced the defendant to 60 months of confinement.

On July 23, Marquise Carter, 28, pleaded guilty to assault with intent to kill and carrying a pistol without a license for his involvement in a non-fatal shooting that injured two people on July 25, 2024 on the 1400 block of Park Road, NW.

The prosecution read the victim impact statement before Judge Pipe. In it, the victim described the debilitating aftermath of being attacked.

“When I hear loud noises I get scared. … I still hear the gunshots in my head,” one of the victims wrote, adding that she no longer goes outside.

The prosecution asked for Carter to be sentenced to 72 months of confinement for assault with intent to kill and 19 months of confinement for carrying a pistol without a license.

“[She] now has to deal with the trauma … from being shot,” the prosecution said, adding that the victim was celebrating her sister’s birthday the day the shooting happened.

“They were just trying to get home,” the prosecution said.

The prosecution said the victim could not go to work for three months because her mouth was wired shut. They said the shooting was “completely senseless” because Carter had no reason to fire.

Defense attorney Stephen LoGerfo asked Judge Pipe to impose the bottom of the guideline for sentencing for assault with intent to kill, which is two years.

He said Carter “does not have a significant criminal history” but has a “significant history” of mental health issues.

LoGerfo said Carter saw the car heading in the wrong direction and “freaked out.”

“He suffers from significant mental health issues and PTSD,” LoGerfo explained.

He said Carter regrets his actions and has ample support from his family who was present at the hearing.

Carter also apologized to the victim.

Judge Pipe thought Carter’s actions were “a trauma response” caused by “the life he’s lived” and him thinking he was in danger of getting hit. She said she understood why he reacted the way he did but maintained he should not have fired a gun, adding that his actions caused significant damage and he must be held accountable.

“It’s why people who aren’t licensed with firearms shouldn’t have firearms,” Judge Pipe said.

She chose to impose a sentence in the middle of the guidelines because she believed there is opportunity for mitigation.

Jude Pipe sentenced Carter to 60 months of incarceration with three years of supervised release for assault with intent to kill and 12 months for carrying a pistol without a license. The sentences are set to run concurrently.

Carter must register as a gun offender in DC when released.

No future hearings were scheduled.

Detective Demonstrates Witness’s Description of Shooter’s Pose

During a lead detective’s testimony Sept. 22, he demonstrated the defendant’s position during a shooting that left a 23-year-old dead.

Kareem Thomas, 37, is charged with second-degree murder for his alleged involvement in the fatal shooting of 23-year-old Jakele Allen that occurred on Oct. 21, 2024, at the intersection of 16th Street and Kentucky Avenue, SE.

The lead detective on the case, working in the Homicide Branch of the Metropolitan Police Department (MPD), said the victim died from a gunshot to the chest.

The detective testified to the conversations he and a coworker had with two witnesses while investigating the shooting. His coworker had interviewed the witnesses on the day of the incident while he spoke with them in mid-November.

One of the witnesses discussed in court had seen the shooting from their porch. The witness told the detective that they heard shouting and saw a person in a red jacket in the doorway of a vehicle. The person allegedly used the roof of the car as a shooting platform for what the witness described to be a very large handgun.

The detective said that the witness had demonstrated the position the shooter had taken, with his arms, head, and shoulders above the car. He mimicked the description to show the court as well.

The witness saw the vehicle drive away immediately after the shooting, which was corroborated by video footage showing the vehicle fleeing quickly on 16th Street, SE.

The detective said the witness did not have any other description of the suspect except for the red jacket.

Due to time constraints, the detective’s testimony was not concluded.

DC Superior Court Judge Jason Park ordered the parties to reconvene on Sept. 30 to continue the preliminary hearing.

Stabbing Defendant Refuses to Attend Court

A defendant accused of stabbing another inmate at the DC Jail refused to attend his court hearing before DC Superior Court Judge Jennifer Di Toro on Sept. 24.

D’Andre Montgomery, 19, is charged with assault with significant bodily injury for his alleged involvement in a stabbing on April 17 at the jail located on the 1900 block of D Street, SE.

Before the hearing, the court was alerted that the defendant refused to get off the bus. His presence was waived by his attorney, Emily Sufrin.

The appropriate course for the case is still being determined.

Parties are slated to reconvene on Nov. 3.

Judge Severs Four Gun Charges Before Shooting Trial Begins

DC Superior Court Judge Danya Dayson severed four counts of possession of an unregistered firearm from a shooting defendant’s charges on Sept. 25, just days before the parties were set to go to trial.

Ato Ocran, 46, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts assault with a dangerous weapon, four counts possession of a firearm during a crime of violence, five counts possession of an unregistered firearm, destruction of property of $1000 or more, and carrying a pistol without a license outside the home. The charges stem from his alleged involvement in a shooting on the 2200 block of 13^th St. NE, on June 3.

One person was harmed during the incident.

During the hearing, defense attorneys Kevann Gardner and Elizabeth Paige White motioned to sever four gun-related counts from the charges set to go to trial and change the court’s position on several key items of evidence.

The defense’s motion to sever the firearms charges was met with little opposition from prosecutors who told Judge Dayson that they had modified their stance from an earlier objection and no longer opposed the motion.

“The reason they’re not contesting severance is because they realize there are vital things that were not provided to the defense,” Gardner said.

Judge Dayson severed the counts from the trial charges, though she did not grant the defense’s request to dismiss the charges.

Defense attorneys and prosecutors also went back and forth on evidentiary issues about the defendant’s phone and the victim’s car. Shortly before the hearing, the defense asked prosecutors to release the phone so that they could access potentially exculpatory evidence on it.

Prosecutors objected to a full release of the phone to the defense, arguing, instead, that the defense provide prosecutors with the phone password and attain the information through a forensic analyst.

Gardner argued that prosecutors were asking them to weigh their client’s right to access evidence with his right not to incriminate himself. Prosecutors argued that the defense was using the phone evidence as both “sword and shield” to release the phone into their custody.

Ultimately, Judge Dayson ruled that the defense could temporarily access the phone through a walled off attorney to gather the evidence they needed while not breaking the chain of custody.

The parties also disputed whether the prosecution could enter the victim’s Jeep as evidence in the case. Gardner argued that police had failed to properly secure the Jeep as evidence, allowing it to return to the victim after it was first taken into police custody.

Paige-White argued that bullet holes in the Jeep were tampered with and that a knife was removed from the vehicle before the prosecution regained custody of it.

Prosecutors argued that police did not have custody of the vehicle when they first searched it after the shooting and that the physical presence of the knife in the vehicle was not exculpatory. Judge Dayson noted that whether or not the knife was exculpatory hinged on the custody issue of the vehicle and ordered parties to prepare briefs on the subject before the next hearing.

Parties are slated to reconvene Sept. 29.

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