The prosecution withdrew a plea offer for a shooting defendant in a hearing before DC Superior Court Judge Robert Salerno on March 26.
Omari Nkusi, 23, is charged with assault with a dangerous weapon and strangulation for his alleged involvement in a non-fatal shooting that occurred on the 3400 block of Stanton Road, SE on Jan. 15.
According to court documents, Nkusi allegedly strangled his romantic partner after attempting to look through her phone. Then, Nkusi reportedly fired a gun at her while some of her family members came to pick her up.
During the hearing, the prosecution read the offer which would require Nkusi to plead guilty to one count of assault with a dangerous weapon and one count of unlawful possession of a firearm. According to DC sentencing guidelines, both charges carry a maximum sentence of ten years in prison.
Nkusi’s newly appointed attorney, John Belcher, stated that he did not want to toll time, meaning to temporarily pause the indictment deadline on the case, leading the prosecution to withdraw the plea offer, as it was contingent on tolling.
After the parties agreed on a trial date, Belcher told Judge Salerno that he felt that the victim’s statements before the grand jury were “inconsistent” with what the prosecution previously told him.
Judge Salerno asked parties to speak over headsets to resolve the matter, but Belcher pushed for the victim to address the inconsistent statements in open court, which the prosecution called “inappropriate.” The victim was present at the hearing via Webex.
The judge stated firmly that allowing the victim to speak for the court would essentially be witness testimony, and was “not something [they] can do at a status hearing,” to which Belcher replied “I think you’re wrong.”
Judge Salerno did not allow the victim to speak, and asked the parties to file written motions if they wanted.
Parties are scheduled to reconvene on June 26.
