Prosecution Confident Despite Suppression of Cell Phone Evidence

By Maggie Rhoads [former] - July 22, 2024
Court | Daily Stories | Non-Fatal Shooting | Suspects |

The prosecution in a non-fatal shooting case said they could still prove a defendant’s guilt, even though DC Superior Court Judge Rainey Brandt denied a motion to reconsider a ruling suppressing cellphone evidence on July 22.

Deon Cannon, 29, is charged with two counts of assault with intent to kill while armed, two counts of assault with a dangerous weapon, five counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, possession of an unregistered firearm, carrying a pistol without a license outside of a home or business, unlawful possession of ammunition and eight counts of destruction of property of less than $1000. 

These charges stem from his alleged involvement in an incident on Sept. 5, 2021 on the 2700 block of Terrace Road, SE during which two individuals sustained injuries.

According to court documents, video surveillance footage from the scene shows an individual, identified as Cannon, shooting twice at two victims. Metropolitan Police Department (MPD) officers responded to the incident and arrested him.

During the hearing, Judge Brandt upheld DC Superior Court Judge Anthony Epstein’s previous ruling to not allow the prosecution to use evidence found on Cannon’s cell phone. 

According Judge Brandt’s ruling, it was unconstitutional for MPD to seize Cannon’s cell phone because there was no probable cause he was involved in the shooting at the time. 

The prosecution said they have other evidence demonstrating Cannon’s guilt, such as video surveillance footage. 

Parties are set to reconvene July 29.