Shooting Defendant Waives Preliminary Hearing, Released With Stay Away Order

By Elizabeth Brady - October 10, 2024
Daily Stories | Data | Non-Fatal Shooting | Shooting |

A shooting defendant waived his right to a preliminary hearing, and DC Superior Court Judge Anthony Epstein granted the suspect’s request for his release on Oct. 9.

Demetry Ferguson, 30, is charged with assault with intent to kill while armed and possession of a firearm during a crime of violence, for his alleged involvement in the shooting of a victim on Sept. 8 on the 4400 block of E Street, NW. 

According to court documents, the victim is Ferguson’s baby’s mother’s new boyfriend. 

Defense attorney Steven Kiersh waived Ferguson’s right to a preliminary hearing, and alerted Judge Epstein the parties are in plea negotiations. 

Kiersh requested Ferguson be released from jail with GPS monitoring, arguing he has strong familial support and lacks a criminal history. 

Due to the nature of the events, the prosecutor disagreed. She explained that the defendant allegedly fled the initial incident and was found three weeks later allegedly with enough marijuana to distribute, which is a felony. 

The prosecution added that the shooting occurred in front of Ferguson’s three-month-old daughter, and added that two pre-teen children were also present in the home. The prosecutor insisted that, had the children been close to the victim, they could have been harmed. 

Kiersh insisted the drugs are not relevant to this case, and should not play a role in Judge Epstein’s decision.  He suggested the court issue a stay-away order, preventing Ferguson from going near the house where the incident occurred and away from the victim himself. 

Judge Epstein granted the request, and ordered Ferguson to be released with GPS monitoring. He also issued stay-away orders, and a curfew between the hours of 10 p. m. and 6 a. m.

The parties are set to reconvene on June 20, 2025.