Shooting Defendant Waives Preliminary Hearing, Returns to Jail

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Through a stand-in defense attorney, Anthony Gary waived his right to a preliminary hearing and asked for pretrial release, which DC Superior Court Judge Robert Hildum denied on Aug. 12.

Gary, 34, is charged with aggravated assault knowingly while armed and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting. The incident took place on the 3700 block of Jay Street, NE on March 22, leaving one person injured.

Raymond Jones, standing in for Gary’s defense attorney, Janai Reed, asked Judge Hildum to release Gary on the grounds he is employed full-time as a welder, is involved in the lives of his five children, and has many family members willing to appear in court to support him.

“He’s not a flight risk. He’s not about to leave his family behind,” said Jones.

According to court documents, a Metropolitan Police Department (MPD) officer interviewed the victim in the hospital, where he was being treated for four gunshot wounds. The victim said a man jumped out of the apartment belonging to the mother of his children and began fighting him before shooting him.

Court documents state the victim later told police that he had learned through a mutual acquaintance that his assailant was named Anthony Gary. When an MPD officer showed the victim a photo array, he identified Gary as his assailant.

Jones attacked the strength of the prosecution’s case, pointing out the victim was the only witness who identified Gary as the shooter. No other witness testified to seeing the incident. Some witnesses said they heard a single gunshot, but Gary had four gunshot wounds.

Jones said the mutual acquaintance, who identified Gary for the victim, had a reason to want Gary to go to jail. The witness and Gary were on opposite sides of a custody dispute.

“I’m saying there’s something suspicious about this story,” Jones told Judge Hildum. “Mr. Gary can be out assisting me and assisting my investigator, who’s present in this court, in getting to the bottom of what happened.”

The prosecutor argued that Gary should remain in jail pending trial because the alleged offense was committed less than two months after Gary pleaded guilty to possession of a firearm during a crime of violence in a different case. He was registered as a gun offender.

“Considering the Gerstein [a sworn statement by the police documenting the facts that led to an arrest] as a whole and the record–another gun offense–I can’t find any condition or combination of conditions that will keep the community safe in this case,” Judge Hildum ruled.
Parties are set to reconvene on Aug. 27 before DC Superior Court Judge Errol Arthur.