Shooting Defendant Requests Dismissal for Missed Indictment, Despite Agreeing to Delay

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A shooting defendant requested DC Superior Court Judge Errol Arthur dismiss an indictment on July 29, citing the prosecution’s failure to meet the nine-month deadline despite previously agreeing to extend the date.

Marvin Smith, 31, is charged with aggravated assault knowingly while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm by a convict for his alleged involvement in a shooting incident on March 22, 2022, on the 2400 block of Elvans Road, SE. One individual sustained life-threatening injuries.

According to court documents, an individual identified as Smith shot the victim three times, once in the left knee and twice in the right lower leg who later recovered at the hospital. The victim told the police he was in the wrong place at the wrong time.

During the hearing, Smith’s defense attorney, Janai Reed, said Marvin requested dismissal because he was indicted 14 months after the incident occurred. Under DC law, most cases must be indicted within nine months of the defendant’s arrest. However, the time frame can be extended if the parties agree.

She called this indictment “insufficient” because it took so long to come through.

The prosecution said Smith has been “tolling” time, stating he requested many postponements during previous hearings and agreed to delay the deadline.

Judge Arthur instructed Reed to file a motion in writing.

The prosecution also said they had extended an offer to Smith, which requires him to plead guilty to assault with a dangerous weapon, possession of a firearm during a crime of violence and unlawful possession of a firearm by a convict, in exchange for a dismissal of the aggravated assault knowingly while armed charge.

Reed alerted the court she needed additional time to discuss the offer with Smith.

Parties are set to reconvene on Aug. 23.