DC Superior Court Judge Judith Pipe refused to release a stabbing defendant with mental health issues out of concern for public safety on Oct. 28.
Tamara Francis, 36, is charged with assault with a dangerous weapon for her alleged involvement in a stabbing that occurred on Sept. 15, at the 1400 block of Belmont Street, NW. One individual sustained injuries during the incident.
After previously being found incompetent to stand trial, a report from the Department of Behavioral Health (DBH) declared Francis is now competent. The defense, Chantal Jean-Baptiste, requested that Francis be released at this time.
Jean-Baptiste cited that Francis was provoked by the victim, her boyfriend at the time. She stated that, in her own investigation, the victim said he knew that Francis was suffering a mental health crisis at the time of the incident and that he did not wish to pursue the case. She also noted that the victim works with people suffering from mental health issues.
The defense argued that the victim acknowledged his role in the incident and that he previously had told the prosecution that he did not fear for his life. Francis also claimed that their relationship was toxic in nature, as he had power over her while she was vulnerable and he had previously boiled her phone, so she had no phone at the time of the incident.
Jean-Baptiste said that, according to the victim, he provoked her by taking her three-year-old child into his bedroom where she had no access, at which point she began stabbing through the door and accidentally stabbed the victim in the side of the head.
Judge Pipe brought up her concern that the child could have been hurt in this incident, as Francis could not see where the child was in the room during the stabbing.
The defense cited the DBH report, which found that Francis reacts to stressors and asked Judge Pipe to release her into a situation that would be free of stressors.
“That is not the world anyone lives with,” said Judge Pipe. She reminded the defense that the “facts of the case are extremely concerning” and that Francis had a very strong reaction.
Judge Pipe also noted that Francis has a prior assault charge and she also did not drop the weapon when police arrived.
“I cannot fashion conditions that would ensure the safety of the community,” the judge said in light of these details.
In spite of protests from Jean-Baptiste, Judge Pipe reminded her that the victim’s story had changed several times, as the narrative he provided her was not the same as what he had previously said to police or to the prosecution.
Regardless of what provocation there was, Francis’ reaction was extreme enough to endanger her child and the community as a whole, Judge Pipe insisted.
Parties are slated to reconvene Oct. 30.
