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By
Izabella Apodaca [former]
- September 22, 2023
Court
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Daily Stories
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Non-Fatal Shooting
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Shooting
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Suspects
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On Sept. 20, DC Superior Court Judge Rainey Brandt continued a motion hearing to consider new evidence introduced by the defense.
Kenneth Davis, 44, is charged with four counts of assault with intent to kill, one count of assault with a dangerous weapon, six counts of possession of a firearm during a crime of violence, and one count of unlawful possession of a firearm for his alleged involvement in a non-fatal shooting on May 19, 2021, on the 1600 block of Eastern Avenue, NE. The incident left one individual suffering from non life-threatening injuries.
Davis’ defense attorney, Marnitta King, introduced five new exhibits into evidence, asserting that these documents show the Metropolitan Police Department (MPD) had a vehicle in its possession that contained necessary evidence for the defense that the prosecution failed to investigate and provide.
King stated that if the vehicle would have been processed and tested for DNA, that DNA would be proof that the shooter in this incident was not Davis.
On the basis of this argument, King asked the court for a dismissal of all charges.
The prosecution responded by stating that there is no way to know that the vehicle would even contain any evidence or DNA that would be exculpatory.
The defense asserted that another vehicle involved in this case was swabbed for DNA, so the vehicle in question should have also been preserved and swabbed.
Judge Brandt scheduled a continued hearing on Sept. 26 to deliver her ruling.