DC Superior Court Judge Robert Hildum ruled to release a non-fatal shooting defendant despite victims’ concerns on June 30.
Marcellos Harris, 30, is charged with aggravated assault knowingly while armed with grave risk and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on March 6 at the 3000 block of Stanton Road, SE. The victim was shot twice and sustained injuries to their lower abdomen and left leg.
During the hearing, Harris’ attorney, Frances D’Antuono requested Harris be released, stating that Harris suffers from numerous medical conditions. According to D’Antuono, Harris endured a stroke that left his left side paralyzed. Therefore, he is wheelchair-bound, requires medications and treatment that may not be available in jail.
The prosecution stated they opposed Harris’ release, citing his dangerousness to the community.
According to the victim’s counsel, if Harris was released, the victim would have serious concerns for his safety and his 14-year-old daughter’s who was present during the shooting.
The victim’s counsel also expressed concerns that upon release, Harris’ communication would no longer be monitored and that even if Harris’ movements are surveilled his communications would not be controlled.
The prosecution added that the victim was shot while on the phone with 911 and posed no threat to Harris. To further emphasize the seriousness of the offense the prosecution stated, “He disregarded the fact a child was there” during the shooting.
Although Judge Di Toro agreed with the seriousness of the crime, Harris’ lack of criminal history and medical conditions were grounds to release Harris to 24-hour home confinement with GPS monitoring and imposed a stay-away-no-contact order with the victim and victim’s family.
Parties are slated to reconvene on Sept. 4.
