Three Defendants Reject Plea Deal Before Weapons Case is Dismissed

A weapon possessions case was dismissed on Sept. 10 after all three defendants rejected a plea and DC Superior Court Judge Carmen McLean found the prosecution had violated their rights to due process.

James Matheny, 31, Jewan Mathis, 29, and Rashid Woods, 30, were all charged with unlawful possession of a firearm and carrying a pistol outside the home or business in connection to a non-fatal shooting incident and subsequent apartment raid that took place on the 2100 block of Mississippi Avenue, SE on Sept. 3, 2024.

Mathis was also indicted on possession of a prohibited weapon. Matheny was also indicted on assault with a dangerous weapon, possession of a firearm during a crime of violence, and obstruction of justice. Woods was indicted on additional charges of assault with a dangerous weapon, possession of a firearm during a crime of violence, carrying a rifle or shotgun, and simple assault.

On Sept. 9, the prosecution alerted the court they had extended plea offers to the defendants, which they would reject. The court was informed that the defense had already sent counter offers, which had been rejected by the prosecution.

Woods was asked to plead guilty in multiple cases to assault with a dangerous weapon, unlawful possession of a firearm, carjacking, and use of an imitation firearm in exchange for the prosecution dismissing all other charges in two cases.

Matheny would be required to plead guilty to assault with a dangerous weapon, unlawful possession of a firearm, and conspiracy to commit carjacking in exchange for the prosecution dismissing all other charges in two cases.

Mathis would be required to plead guilty to unlawful possession of a firearm, and after a brief indulgence the defense informed the court that he was seriously considering taking it. However, they had only been informed of the rejection of their counter offer that morning and thus said they needed more time to consider the deal.

Judge McLean agreed and dismissed the case based on the prosecution’s apparent failure to provide potentially excupatory evidence to the defense as well as a violation of Fourth Amendment protections against illegal search and seizure at one of the defendant’s apartments on Sept. 3, 2024.

The court sanctioned the prosecution with eight violations in all but didn’t rule out the possibility the case could be reopened.

The prosecution has thirty days to file a motion to reconsider.

No further dates have been set.

Victim’s Close Friend Testifies as Homicide Trial Enters Third Week

A homicide victim’s childhood friend was called to testify in an ongoing trial before DC Superior Court Judge Rainey Brandt on Sept. 8.

Reginald Steele, 26, is charged with conspiracy, first-degree murder, ten counts of assault with intent to kill while armed, assault with a dangerous weapon, 11 counts of possession of a firearm during a crime of violence, four counts of carrying a pistol without a license, five counts of possession of an unregistered firearm, and two counts of tampering with physical evidence.

These charges stem from Steele’s alleged involvement in four separate shootings including the murder of 13-year-old Malachi Lukes and injury of another juvenile on March 1, 2020, on the 600 block of S Street, NW. Steele’s accused of a separate shooting the same day with no reported injuries on the unit block of Channing Street, NE.

The other incidents Steele is accused of include a non-fatal shooting that injured two individuals on Feb. 22, 2020 on the 700 block of Farragut Street, NW, and a non-fatal shooting that injured three on Feb. 24, 2020 on the 1700 block of 9th Street, NW.

A life-long friend of Lukes who was at the shooting was called to testify by the prosecution.

According to the witness, he, Lukes, and two friends left a store called UBreakIFix with a basketball before walking north to an alleyway. The witness stated that when they got to the alley he heard gunshots and started running with his friend, but heard Lukes say he was shot before lying down.

The witness and his friends stayed with Lukes after he was hit but fled when they heard the police arrive. Metropolitan Police Department (MPD) officers handcuffed the witness and his friends and brought them in for questioning.

The questioning turned to a text conversation between the witness and an internet comedian in regards to a post the witness made on Instagram, in which a person is holding a sweater with the words “9th Street Compound” printed on it– a reference to a known “crew” or criminal gang in Lukes’ neighborhood.

The witness stated that he was not familiar with any beef between the 9th street neighborhood and the 3500 crew –of which prosecutors claim the defendant and his co-conspirators are members– but was directed back to his grand jury testimony claiming there was a beef between the two communities. In the messages, the comedian told the witness to delete his post, citing he was insulting the comedian’s cousin.

“Cause my cousin just died and he call himself NW Goon and you post this,” the comedian told the witness, insinuating that the witness was celebrating his cousin’s murder.

The prosecution then added two music videos into evidence of a rapper from the witness’ neighborhood in which both the witness and Lukes can be seen in the background. The witness confirmed the location of both videos, which were filmed on 9th Street in the Shaw area.

Megan Allburn, Steele’s attorney, confirmed that it was possible for another person to use someone’s Instagram, and that even though the messages in evidence were under the usernames of an individual and the witness, that did not necessarily mean it was them that wrote those texts.

Further, it was very common for rap music videos to be filmed all around DC, and that it was especially common for locals to participate. Allburn inquired about the day of the incident again, with the witness claiming that he did not identify the shooter, driver of the vehicle, or the number of gunshots – but that he heard the sounds of an opening door and gunshots.

An assisting homicide detective interviewed two other of Lukes’ friends while another detective interviewed the earlier witness.

During a debriefing on the night of the incident, video evidence was pulled from a private camera that caught a silver SUV fleeing the crime scene at high speed. The video also captured the vehicle traveling north on 7th Street NW and east on S Street NW until it reached the alley where Lukes and friends were walking.

A medical examiner from the Office of the Chief Medical Examiner (OCME) testified she conducted Lukes’ autopsy, deeming the manner of death a homicide and the cause of death as a gunshot wound.

Parties are slated to reconvene Sept. 9.

Judge Describes Repeat Offender As A ‘Hardworking Guy,’ Extends His Curfew

A carjacking defendant pleaded not guilty and was granted less restrictive release conditions during an arraignment on Sept. 5 before DC Superior Court Judge Andrea Hertzfeld.

Dale Benjamin, 38, is charged with armed carjacking, robbery while armed, and two counts of possession of a firearm during a crime of violence for his alleged involvement in an incident on Sept. 15, 2024 at a BP gas station on the 4400 block of Benning Road, NE.

According to court documents, Benjamin allegedly threatened the victim with a handgun and seized his moped.

At the arraignment, Antoini Jones, Benjamin’s attorney, informed Judge Hertzfeld that Benjamin pleaded not guilty to all charges and asserted his rights to a speedy trial.

Jones also requested the court eliminate Benjamin’s GPS monitoring and extend his curfew to accommodate his employment schedule.

The prosecution argued to keep the GPS release condition and detain Benjamin in order to protect the community, adding that he has prior convictions, one involving a firearm. He also noted that the evidence backing his current charges is “substantial ”

“He’s jumped back in the deep end,” given these charges, the prosecutor stated.

The prosecution said that Benjamin is fairly unrestricted because he is currently on release, while most defendants with the same charges are detained.

Judge Hertzfeld maintained that a GPS requirement is one of the least restrictive conditions and decided to not amend it.

“It looks like you’re a hardworking guy from this,” Judge Hertzfeld noted as she read documentation that detailed Benjamin’s work hours.

Benjamin said, “I don’t mind going on GPS,” and stressed his request to adjust his curfew.

Judge Hertzfeld granted the request and said she thinks the amended curfew would be fair because he will be contributing to society by going to work.

Parties are scheduled to reconvene Sept. 29.

Prosecution Says Mass Shooting Suspect Turned a ‘Bus Stop Into a Bloodbath’

Attorneys delivered opening statements in a mass shooting trial before DC Superior Court Judge Danya Dayson on Sept. 15.

Ronnell Offutt, 36, is charged with five counts of assault with intent to kill while armed committed against a minor, six counts of possession of a firearm during a crime of violence or dangerous offense, and aggravated assault while armed. The charges are in connection to his alleged involvement in a mass shooting at a bus stop on the 2300 block of Pennsylvania Avenue, SE on Feb. 4, 2019 that injured five people, including a five-year-old.

During opening statements, the prosecution asked the jury to imagine Offutt firing eight shots into a bus stop at 30th Street and Pennsylvania and striking five victims, including a five-year-old girl.

“The defendant turned that bus stop into a bloodbath,” the prosecution said.

Prosecutors claimed Offutt committed the shooting after he was allegedly robbed a few hours earlier. According to the prosecution, an officer stopped Offutt to ensure he was okay, and will testify she took a picture of Offutt because she was concerned.

The prosecution claimed that Offutt refused help from the officer, and decided to take matters into his own hands.

“He made sure in no uncertain terms that she knew he was looking for no help from the police,” prosecutors said.

The prosecution said that they recovered hats from the defendant’s car that resembled a distinctive baseball cap worn by the shooter. They also allegedly obtained the gun used in the shooting as well as cache of video, and physical, evidence that would prove to the jury the defendant’s guilt beyond a reasonable doubt.

Donna Beasley, Offutt’s defense attorney, focused on what the prosecution did not have. Beasley noted that there is no witness that can specifically identify Offutt as the shooter in the case and that the story presented by the prosecution is just one interpretation of the facts.

“There’s a lot of stuff the [prosecution] has left out of their version of events,” Beasley said.

Beasley continued the defense’s opening statement by reminding the jury that the prosecution would have to prove every claim they made beyond a reasonable doubt.

“All I’m asking you at this juncture is to be neutral,” Beasley said.

Immediately after opening statements, the prosecution brought a Metropolitan Police Department (MPD) officer to the stand who responded to the scene of the shooting and located the injured child. The officer testified to interviewing the victim’s grandmother and noted during cross examination that he had no information about a suspect when he arrived on scene.

The prosecution also called an MPD commander to testify about an incident at the intersection of Nicholson Street and Minnesota Avenue, SE hours before the shooting.

The officer testified making a stop there after witnessing a shouting match between a man, who prosecutors claim was Offutt, and a woman with several children on the sidewalk. Prior to engaging the group, the officer took a picture of the scene, depicting the man who prosecutors claim was Offutt standing in the street next to a silver sedan with a damaged rear window. Prosecutors claimed the silver car was the same one that Offutt had when he was allegedly jumped before the shooting.

The officer testified to asking whether they required any assistance to which the man replied, “f***k 12,” slang for “f***k the police. After which the argument dissolved and the participants departed.

Parties are set to reconvene Sept. 16.

Judge Admonishes Prosecutors for ‘Lack of Diligence’

DC Superior Court Judge Neal Kravitz admonished the prosecution for asking to postpone a shooting case that that’s been in progress for more than two years case just 13 days before the trial in a hearing on Sept. 17.

Daquawn Lubin, 30, and Jonathan Young, 35 are charged with conspiracy while armed, two counts of assault with intent to kill while armed, aggravated assault knowingly while armed, unlawful possession of a firearm, carrying a pistol without a license outside home or business, assault with significant bodily injury while armed, and three counts of possession of a firearm during a crime of violence while armed.

Additionally, Lubin is charged with possession of a prohibited weapon. Young is charged with an additional count of possession of a firearm during a crime of violence while armed.

The counts are in connection to their alleged involvement in a non-fatal shooting at the 4600 block of Benning Road, SE on July 24, 2023. Two individuals sustained injuries.

During the hearing, parties addressed the prosecution’s motion for continuance as well as to reconsider a previous ruling to exclude the prosecution from presenting expert testimony.

This prosecution team is new to the case and they say they need more time to review the evidence as well as present expert witnesses.

Judge Kravitz was not persuaded, noting everyone’s busy schedule. In particular, the judge was concerned Lubin’s ability to present his case in a timely fashion could be prejudiced by additional delay.

In spite of concerns by his attorney Lisbeth Sapirstein, Young voiced his frustrations directly to the judge stating that motions have been “going on for months”and every time the prosecution is supposed to argue something, something comes up.

Lubin’s attorney, Kevin O’Sullivan, complained there is a lack of due diligence by the US Attorney’s Office (USAO) in terms of trial preparations.

The prosecution responded they weren’t entirely sure what expert testimony would be required but they did test for DNA at the scene which they will present as evidence.

Judge Kravitz responded the prosecution shouldn’t be permitted to present expert testimony at Lubin’s trial since the defense would only have a few days to prepare.

He also stated that a previous prosecutor said there would not be expert witnesses. While he didn’t cite the prosecutors for bad faith he noted a general “lack of diligence” and that this case hasn’t received attention it deserves from the USAO.

The prosecution noted that the circumstances are unusual and there is still a lot of material they as well as the defense counsel need to evaluate.

The motion to delay the trials was denied the but prosecution will be allowed to present cell site and GPS data.

Prosecutors later called a Metropolitan Police Department (MPD) officer who stated that they were contacted by an MPD detective regarding a shooting that took place by the Benco Shopping Center.

The officer obtained photos of a person of interest pulled from surveillance footage that was shown to people in the shopping center. One individual claimed that the person in the photo drove a silver Volvo with Virginia tags in the area often.

After locating the car, the tags were run. Results showed the tags registered to the car, but with no named owner. However, there were records of a stop in October of 2022 where another individual along with Young were identified, according to the officer. Witnesses did not recognize the other individual when shown a photo.

According to the officer, a traffic stop was made on Aug. 2, 2023 on the basis the vehicle had an unregistered owner, Young was in the vehicle at the time.

During cross examination, Lisbeth Sapirstein, Young’s attorney, noted that in body-worn camera footage the officer and his partner only talk about the other individual in the car, not Young.

The officer told Sapirstein that the vehicle was pulled over because of excessive window tint and for having an registered owner. Sapirstein noted that the officer never said anything about the tint to the people in the vehicle.

Once the officer was excused, Sapirstein claimed that this officer and a previous one who testified had conflicting versions of events as one said the stop was because of stop sign violations. She argued that the tint was only an issue after the vehicle was stopped.

Parties are slated to reconvene Sept. 23.

Document: MPD Investigating Sherier Place Officer-Involved Shooting

The Metropolitan Police Department (MPD) announced an investigation into an officer-involved shooting on Sept. 16 in the 5100 block of Sherier Place, NW. Officers responded to a domestic disturbance report, where the suspect, Jonathan Boruch, 31, allegedly charged at them with knives. Despite verbal commands and the use of an Electronic Control Device, Boruch continued advancing, leading officers to discharge their weapons, resulting in his death. The incident is under review by the Internal Affairs Bureau and the U.S. Attorney’s Office.

Document: Fatal Stabbing in Takoma

The Metropolitan Police Department (MPD) announced they are investigating a fatal stabbing that occurred on Sep. 15 in Northwest. The victim, identified as 20-year-old Devell Wade, was found with stab wounds in an apartment complex on the 200 block of Carroll Street, NW and was pronounced dead at the scene. The incident is believed to be domestic in nature, and the investigation is ongoing.

Prosecutors to Upgrade Charges After Shooting Victim Dies

Prosecutors alerted DC Superior Court Judge Rainey Brandt that they plan to bring more serious charges against a defendant on Sept. 12.

Damon Bradford, 28, was originally indicted with assault with intent to kill while armed, carrying a pistol without a license outside of a home or business, aggravated assault while armed, and two counts of firearm possession during a crime of violence for his alleged involvement in a shooting at the 1200 block of North Capitol Street, NW, on Oct. 2, 2024.

During the hearing, the court was notified that the victim, identified as 36-year-old Kevin Dextraze, died over the weekend from gunshot wound complications.

Because of the enhanced charges the prosecution will be filing a superseding indictment.

Parties are slated to reconvene Jan. 9.

Document: MPD Arrests Suspect in 12th Street Shooting

The Metropolitan Police Department (MPD) announced the arrest of 26-year-old Sapphire Johnson, of Bowie, MD, in connection with a shooting on the 3900 block of 12th Street, NE, on July 12. Johnson is alleged to have been involved in the incident where an adult male was found with a gunshot wound and transported to a hospital. She is charged with Assault With a Dangerous Weapon (Gun).

Shooting Defendant Gets GED in Jail, Sentence Suspended

DC Superior Court Judge Judith Pipe issued a suspended sentence to a non-fatal shooting defendant with supervised release on Sept. 5.

Tevin Spivey, 21, pleaded guilty on Nov. 11, 2024 to assault with a dangerous weapon and carrying a rifle without a license outside a home or business for his involvement in a shooting that occurred on July 21, 2024 on the 5100 block of Fitch Street, SE. Spivey fired one gunshot at the victim as she drove away but no injuries were reported.

Prior to the sentencing, prosecutors dismissed the carrying a rifle charge but did not elaborate on the reason.

During the sentencing, Judge Pipe asked Spivey’s defense attorney, Theodore Shaw, to explain why Spivey’s sentencing was postponed for 10 months prior to this hearing. Shaw explained that an earlier hearing would have interrupted Spivey’s completion of high school in a DC Jail education program..

Judge Pipe was upset because she said he could have done the same thing in the community on probation.

Shaw, after apologizing, said Spivey was remorseful for his actions, was a past victim of gun violence, and never received proper help for traumas he experienced.

Spivey read a letter before Judge Pipe in which he apologized to the victim and expressed that he wanted to be a “productive member of society.”

Judge Pipe congratulated Spivey on obtaining his high school degree and acknowledged that no one was harmed in the incident. He “does have a future ahead of him,” she stated.

Thus, Judge Pipe granted Shaw’s request to sentence Spivey under the Youth Rehabilitation Act (YRA). Under the YRA, Spivey’s conviction will be sealed if he successfully completes his sentencing requirements.

Judge Pipe’s final decision was a sentence of 30 months of imprisonment; but she suspended all the time already served. Spivey will serve three years of supervised release and one year of probation, where he willbe required to complete 90 hours of community service and undergo a mental health evaluation.

Judge Pipe ordered Spivey’s release following the hearing and no further dates were set.

Teen’s Family Members Testify About July 4th Murder

Witnesses close to the victim relived a fatal shooting that occurred hours after a Fourth of July celebration in a trial before DC Superior Court Judge Jason Park on Sept. 16.

Alphonso Oliver, 35, is charged with second-degree murder, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and carrying a pistol without a license outside a home or business. These charges stem from his alleged involvement in the fatal shooting of Levoire Simmons, 16, that occurred July 5, 2022 on the 700 block of Kenilworth Terrace, NE.

In emotional testimony, Simmons’ mother recalled the final moments she spent with her son during which she and her family went to a field near the 800 block of Kenilworth Terrace, NE, to celebrate the Fourth of July. She went home around 10:30 p.m. while Simmons and his friends remained behind.

Simmons’ mother said she checked her son’s Instagram account and saw a video of him in a car holding a firearm. Feeling “livid,” the mother testified, she texted Simmons regarding the post but never received a response. The next call she received was her daughter screaming that Simmons had been shot.

Simmons’ sister, who was also present at the shooting, detailed the confusing moments before the killing. She described an evening disrupted by a man spooked by gunshots fired into the air by Simmons and another person present.

The sister claimed that the man was behaving erratically at first, but she thought nothing of it until he returned. According to the sister, Oliver, whom she identified as the shooter in court, crossed the road to reach their group, palms up in a motion of surrender, and got into a tussle immediately with Simmons. Shortly after, a gun was drawn and the suspect fled after firing it, according to Simmons’ sister.

“I just watched my brother die. I was losing it,” said the witness when she spoke about her interactions with the detective later, where she gave a description of the man who had shot Simmons and the events of the evening. Like her mother, she also described herself as “livid” in those moments.

The victim’s girlfriend also described the tussle, which she believed was over a gun. According to the girlfriend, the fight lasted less than thirty seconds before Simmons was shot. She also testified she believed the first interaction with Oliver that night was insignificant, only thinking that something bad would happen when he approached Simmons. The girlfriend identified Oliver as the shooter in court.

Both witnesses were certain that no one had ever threatened the shooter, either verbally or by pointing a gun at him. They also thought that Simmons did not have a gun on him at the time the tussle began, which the defense questioned multiple times.

A Metropolitan Police Department (MPD) officer who was dispatched to the scene found Simmons bleeding, unconscious, and not breathing. The officer claimed that he did not see a firearm in Simmons’ possession.

A crime scene analyst with the Department of Forensic Sciences (DFS) also testified on the physical evidence he gathered from the scene. According to the witness, he recovered bullet casings and a baseball cap from where the shooting occurred.

Parties are slated to reconvene Sept. 17.

‘Chivalrous’ Defendant Waives Right to Preliminary Hearing, Granted Release

A stabbing defendant waived his right to a preliminary hearing and was granted release by DC Superior Court Judge Renee Raymond on Sept. 2.

Anthony Jacobs, 59, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that occurred on the 1300 block of Howard Road, SE on Aug. 28.

During the hearing, his defense attorney, Sellano Simmons, alerted the court of his intent to waive his right to a preliminary hearing.

Simmons also requested Jacobs be released pending further proceedings, and claimed the victim allegedly was harassing women in Jacobs’ neighborhood and Jacobs had originally been trying to help the women. Simmons stated it led to a verbal argument, which escalated to the stabbing. Simmons also emphasized Jacobs’ cooperation with the police.

The prosecution pointed out Jacobs’ alleged confession to the stabbing and being drunk at the time.

Judge Raymond granted the defense’s request for release, citing his cooperation with the police and the circumstances of the victim allegedly harassing women near Jacobs’ residence.

She also acknowledged that, though Jacobs may have been attempting to be “chivalrous” in his actions, the law must be obeyed. As such, Judge Raymond released Jacobs under his personal promise to return to court as well as obey a pretrial stay away order for the victim’s safety.

Parties are scheduled to reconvene on Sep. 22.

Judge Finds Probable Cause in Grisly Homicide Case

DC Superior Court Judge Neal Kravitz ruled that there is probable cause that a defendant was a perpetrator in a homicide and may have practically dismembered the victim during a hearing on Sept. 11.

Tiffany Taylor-Gray, 23, is charged with first-degree murder while armed for her alleged involvement in the fatal stabbing of Fasil Teklemariam, 53, on April 5, 2024, on the 1300 block of Peabody Street NW.

Tommy Whack, 35, and Audrey Miller, 20, are also charged in connection to the incident.

During the hearing, the lead detective from the Metropolitan Police Department (MPD) testified in regards to the affidavit, arrest warrant, and some of the evidence in the case, which is still in review.

He testified that the case involved a robbery as well as the homicide, as the defendants were allegedly seen leaving an apartment building with bags and items allegedly taken from Teklemariam’s apartment. They were allegedly discovered in Gray’s apartment. however, the defense contended that there was no way to verify whether those items were stolen or when they were taken to Gray’s apartment.

Defense attorney Eduardo Blazer argued that much of the testimony regarding the whereabouts of the defendants at the time of the incident was speculation based on co-defendant Miller’s testimony and there was no video evidence to back it up.

The detective said one of two witnesses saw two of the defendants getting into the elevator and going to the floor of the victim’s apartment, though the witness did not see them entering the apartment.

The other witness reached out to police after overhearing Taylor-Gray’s allegedly discussing the murder over the phone with co-defendant Whack. This witness also reportedly saw Taylor-Gray with Teklemariam’s phone, using the thumb that had been cut off the victim’s hand to get into the device. This is the same phone that the detective had tracked but it has not been recovered.

The prosecution presented two phone calls as evidence, which the detective testified were between Taylor-Gray and Wells Fargo, regarding Teklemariam’s bank account. One of the calls was made in the time after his last sighting and before the body was discovered.

According to the officer, witnesses stated Miller was seen with Teklemariam on the night of April 1, the night the murder is believed to have taken place.

The defense asked if it was possible that the homicide could have happened at this time—the detective said that a conversation he had with Miller after her arrest suggested that the murder did not occur until after the other two defendants arrived on the night of April 1.

According to the detective, Miller had also said she had given Teklemariam pills that she allegedly got fromTaylor-Gray, which were intended to make him drowsy.

Judge Kravitz found probable cause in the warrant and supplemental testimony provided by the detective. He ordered that Taylor-Gray remain held without bond.

The prosecution noted that they would like to make a plea offer for all three defendants before the next hearing and would be speaking to the defense attorneys regarding it.

The parties are slated to reconvene on Sept. 23.

Document: MPD Investigating Birney Place Homicide

The Metropolitan Police Department (MPD) announced they are investigating a fatal shooting that occurred on Sept. 7 in the 2600 block of Birney Place, SE. The victim, identified as 20-year-old Najii Mercer from Oxon Hill, MD, was found with a gunshot wound and later pronounced dead at a hospital. The case remains under investigation.

Judge Dismisses Stabbing Case Over Missing Knife

DC Superior Court Renee Raymond stated that she had a “problem” with a stabbing case as the prosecution could not produce the weapon during a Sept. 11 hearing, and ultimately dismissed the case.

Anthony Israel, 43, was charged with assault with a dangerous weapon for his alleged stabbing of a store employee on the 2300 block of 18th Street, NW, on Sept. 7.

According to court documents, the incident stemmed from a disagreement between the victim and Israel after the victim accused Israel of stealing merchandise.

The prosecution called a Metropolitan Police Department (MPD) officer who responded to the scene to testify about the investigation.

According to the officer, surveillance footage showed the victim following Israel out of the store and kicking him. The footage shows the men getting into a physical altercation that allegedly ended with the stabbing.

As evidence of the stabbing, prosecution stated the presence of what seemed to be a knife in video footage taken from surveillance footage from the store, an eyewitness testimony, and a pry bar supposedly removed from the defendant at the time of the arrest. However, the prosecution failed to provide tangible evidence, besides written testimony from police.

There was no visible sharp object in the video footage presented by Neveen Hammad, Israel’s attorney. Furthermore, body-worn camera footage taken from the responding officers showed a different story than the prosecution’s–an unsure eyewitness unable to confirm the existence of a knife and a store employee that only experienced what he called “scratches” from the altercation.

Given the limited evidence, Judge Raymond stated that she had a “problem” with the case. “There is not probable cause given all of the evidence I’ve heard.”

She explained that not only was there no probable cause for an assault with a deadly weapon because of the lack of evidence for a sharp object at the scene, but it was also unclear if there was foundation for an assault claim because the store employee was the initial aggressor.

The case was dismissed with no further hearings scheduled.

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