WItness Unavailability Causes Delay in Shooting Trial

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A non-fatal shooting trial scheduled to begin on March 27 has been postponed by DC Superior Court Judge Errol Arthur after both parties expressed issues with witnesses.

Marvin Smith, 32, is charged with aggravated assault knowingly while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his alleged involvement in a non-fatal shooting on the 2400 block of Elvans Road, SE on March 22, 2022, that left one victim with injuries to both legs.

Smith’s attorney, Janai Reed, expressed concerns surrounding anticipated witnesses. She noted that two witnesses may possibly have Fifth Amendment issues, implying that they would possibly incriminate themselves through their testimonies.

The prosecutor also had issues with the scheduling an expert witness who is a surgeon. This witness has very little availability due to being fully booked with surgeries. Even though he is under a subpoena to appear, parties would prefer to not have him reschedule a surgery.

Judge Arthur granted that the trial be delayed to April 7 to allow parties to solidify their plans and scheduling with their witnesses.

Parties are slated to reconvene on April 3.