‘This Is a Bizarre Situation,’ Judge Responds to Medical Dispute At ArraignmenT

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DC Superior Court Judge Neal Kravitz heard conflicting claims about a homicide defendant’s medical condition during an arraignment on June 27.

Tommy Whack, 35, is charged with first-degree murder premeditated while armed and robbery for his alleged involvement in the fatal stabbing of Fasil Teklemariam, 53. The incident occurred on April 5, 2024, on the 1300 block of Peabody Street, NW.

During the hearing, Kevin O’Sullivan, Whack’s attorney, alerted Judge Kravitz that his client was pleading not guilty to his charges. 

According to a representative from the Department of Corrections (DoC), Whack was hospitalized from April 24-to-29 for injuries.

According to O’Sullivan, these injuries have continued to cause persistent symptoms. O’Sullivan requested a follow-up neurology appointment, as well as accommodations in jail, including a wheel chair, a shower chair, and ongoing physical therapy.

Whack alleged in court that the DoC seized and shredded his discharge recommendations.

A DoC representative denied this, stating that all records are stored as external attachments in the medical records. The representative also argued a follow-up appointment was unnecessary, citing medical notes that Whack could bear weight and had been observed playing in a basketball game. 

Whack countered that his neurologist recommended he see a specialist for nerve damage. He told the court his facility is not wheelchair accessible and that he cannot shower, attend appointments, or leave his cell. 

After hearing the conflicting accounts, Judge Kravitz appeared baffled.

“This is a bizarre situation. I don’t really know what’s happening,” he said, and told Whack, “They say they saw you play basketball.”

Judge Kravitz instructed the DoC to arrange a neurology appointment. He denied requests from O’Sullivan to release Whack to home confinement or transfer him to another jail. 

Parties are slated to reconvene Aug. 8.