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By
Phoebe McConnell
, Marissa Stambaugh - October 28, 2024
Daily Stories
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Non-Fatal Shooting
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Victims
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DC Superior Court Judge Robert Okun granted release for a shooting defendant on Oct. 25 after reconsideration of the original detention ruling, as defense raised new arguments.
Demarco Hayes, 21, is charged with assault with intent to kill while armed, two counts of possession of a firearm during crime of violence and aggravated assault knowingly while armed. These charges stem from his alleged involvement in a non-fatal shooting on the 1800 Block of Marion Barry Avenue, SE on July 7, one individual sustained injuries after the incident.
According to court documents in the initial preliminary hearing the prosecution argued that in surveillance footage you can see five individuals exit a vehicle and approach the victim. The one individual in the front seat is identified as Hayes who runs towards the victim. The prosecution believes this video surveillance serves is undeniable evidence that Hayes did take part in the crime and that the group was looking to cause trouble.
During the hearing, Hayes’ attorneys, Molly Bunke and Mani Golzari, showed a CCTV surveillance video to the court that showed the victim’s car pulled up to Hayes’ car on 18th Street. They argued that the prosecution’s case was incomplete on this reason and “paints a picture as if it’s the suspect’s car out there attempting to cause trouble”, when in fact the video footage seemed to show the complainant was instigating and intimidating Hayes.
The defense said Hayes suffers from drug use and sought help without anyone’s telling him to do so. Hayes did not have a criminal history into adulthood, said the defense, and argued he was extremely susceptible to criminal behavior because of his environment but has not succumbed.
According to Bunke, Hayes also has a large support system who appeared in court or on WebEx who want to help him get back into society and stay out of any more trouble.
The prosecution argued for continuing detention because of the nature and seriousness of the crime, adding that the victim would still remain at risk. The prosecution also argued that Hayes was familiar with the use of a firearm due to target shooting target.
Judge Okun, granted Hayes’ release based on no history of violence and a new stronger release plan can ensure the safety of the community.
Hayes is to be released on home confinement and GPS monitoring. Hayes is also to report for an inpatient mental health assessment. A stay away order from the victim was also imposed.
Judge Okun strongly reminded Hayes to abide by his release conditions because and he does not want to send him back to jail.
Parties to reconvene Nov. 22.