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Birchard Allen IV [former]
, Belinda Miguel [former] - July 17, 2024
Daily Stories
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Non-Fatal Shooting
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DC Superior Court Judge Heidi Pasichow denied a shooting defendant’s motion to suppress evidence recovered during a search warrant in a July 16 hearing.
James Guillory, 24, is charged with two counts of assault with a dangerous weapon, two counts of 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 for allegedly shooting and injuring two individuals on June 15, 2023 on the 4600 block of Hillside Road, SE.
A male victim sustained a firearm injury to the hip, and a female victim sustained a ball bearing (BB) gun injury to the nose.
In what was supposed to be Guillory’s trial date, the parties discussed a motion to suppress tangible evidence, which caused a delay in a jury being picked.
The prosecution called a detective from the Metropolitan Police Department (MPD) who testified that the suspect’s identification came from one of the victims, who had been shot on the hip. According to the detective, the victim told the police the suspect could be found in a specific apartment in the building where the shooting occurred.
He said she saw the individual run into the apartment after opening fire. He also testified that during the search of the residence, officers did not open or look through any boxes, suitcases, or beds.
However, Gail Engmann, Guillory’s defense attorney, displayed multiple clips of body-worn cam footage in which a witness tells officers she did not know where the individual went after the shooting. Another clip, also played in open court, showed officers looking through boxes, suitcases, and under the bed an apparent contradiction to the officer’s earlier testimony.
According to the detective, during the search of the residence, BB guns, two sealed cartridges, and a District of Columbia identification card with Guillory’s information were found.
According to Engmann, the detective “cannot establish that the search was lawful,” insisting he should have gotten a search warrant. Video footage from the defense shows several officers entering the residence where the victim indicated the shooter was located.
The prosecutors argued “the defense is mixing issues at this point,” insisting that the search was lawful and the evidence recovered during it can be used at trial.
Judge Pasichow agreed with the prosecution, and denied the defense’s motion to suppress the evidence.
Parties are scheduled to reconvene July 17.