Non-Fatal Shooting Defendant Acquitted of All Charges

By Sadie Herman [former] - September 6, 2023
Court | Daily Stories | Shooting | Suspects | Victims |

On Sept. 6, a jury delivered a not guilty verdict before DC Superior Court Judge Lynn Leibovitz following a non-fatal shooting trial.

Delonte Smith, 25, was charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, unlawful possession of a firearm, and unlawful discharge of a firearm for his alleged involvement in a non-fatal shooting on Feb. 6 at the 2600 Block of Stanton Road, SE. 

After deliberating for about three hours, the jury delivered a not guilty verdict for every charge.

His defense attorney, Joseph McCoy, insisted the only evidence against Smith in this case was the testimony of the victim; and that there is no physical evidence that pointed to Smith’s being the shooter. 

Prosecution tried to prove Smith’s guilt by explaining how the victim’s girlfriend wouldn’t have called 911 to say her boyfriend was the shooter, even though there was a dispute as to who might have fired the gun.

In addition, they argued that Smith had motive to shoot the victim after his car’s windows had allegedly been smashed with a baseball bat by the victim minutes before. 

The prosecution relied heavily on oral testimony because physical evidence was lacking. Since police not search the victim’s apartment, there were no shell casings found, and no DNA evidence to identify the shooter.

The prosecutors only called three witnesses, including the victim. When he was cross-examined, McCoy said the victim was only there for one reason– a deal he made to testify in exchange for immunity following the damage to Smith’s car.

McCoy further explained that the victim also “ghosted the government,” and did not reply for several weeks. According to McCoy, Judge Leibovitz had to send out a warrant for the victim’s arrest to ensure he would testify at the trial.

In the defense’s closing statement, McCoy highlighted the lack of physical and DNA evidence, the lack of proof beyond a reasonable doubt, as well as inconsistencies in the victim’s and his girlfriend’s statements.

Both parties rested on Sept. 5, and jury deliberations concluded the following day. 

Following reading the non-guilty verdict, Smith was told by Judge Leibovitz that he was free to go.