DC Superior Court Judge Neal Kravitz granted a shooting defendant’s request to dismiss his case due to continuous prosecutorial delays on July 6.
Jaymario Kirksey, also known as Mario Kirksey, 36, is charged with assault with intent to kill while armed, assault with a dangerous weapon, assault with significant bodily injury while armed, three counts of possession of a firearm during a crime of violence, and unauthorized use of a vehicle. These charges stem from his alleged involvement in the non-fatal shooting that injured one person on Feb. 28, 2024, on the 1300 block of Okie Street, NE.
Kirksey’s trial was originally scheduled to begin on July 6.
On July 5, prosecutors filed a motion requesting a warrant for a material witness, which Judge Kravitz denied. They also sent an email asking the judge to reconsider, as they would not be ready for trial. Judge Kravitz denied their request for reconsideration.
Kirksey’s attorney, Kevin O’Sullivan, motioned for Kirksey’s indictment to be dismissed with prejudice, arguing that the Metropolitan Police Department (MPD) and possibly the United States Attorney’s Office handled the case with “significant negligence.”
The prosecutor requested that the indictment remain, but if were to be dismissed, that it be without prejudice, meaning the case could be reopened. He characterized it as “a classic case where we just do not have the complaining witness.”
Judge Kravitz dismissed the indictment without prejudice, citing a lack of “intentionality” in the prosecutor’s decision to delay trial and no violation of speedy trial rights.
The judge also noted that MPD has been “less than careful” in their handling of the case – which included the detective prematurely releasing the suspect vehicle before it was fully investigated.
As parties were dismissed, prosecutors clarified that they had one more “slightly unusual request” to discuss. They alerted the court that a DNA technician will be unavailable for a period of time and requested to schedule a deposition in the event the case is re-indicted.
O’Sullivan objected to the prosecution’s request, highlighting that Judge Kravitz already ruled the indictment be dismissed.
Prosecutors requested that the judge stay the order for dismissal until the technician can be deposed. Kirksey, though he has another case pending, will still be released in this incident.
Judge Kravitz held the order for dismissal in abeyance, clarifying that the indictment will be dismissed July 7, regardless of the technician’s testimony. Prosecutors clarified that this was not a “strategic move.”
Parties are slated to reconvene on July 7 for the witness’s deposition.
