Judge Won't Postpone Shooting Case to Wait For Police Reports

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DC Superior Court Judge Neal Kravitz nixed a prosecution request to postpone a shooting trial in a July 28 hearing.

Daquawn Lubin, 30, and Jonathan Young, 35, are charged with conspiracy, two counts of assault with intent to kill while armed, assault with significant bodily injury while armed, aggravated assault while armed, four counts of possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, and unlawful possession of a firearm with a prior crime of violence.

Lubin is also charged with possession of a prohibited weapon. These counts stem from their alleged involvement in a non-fatal shooting that injured two on the 4000 block of Benning Road, SE, on July 24, 2023.

The prosecution wanted to push the trial back to obtain reports from Metropolitan Police Department (MPD) officers. An analytical report from an officer was supposed to be filed in April and a GPS data analysis on July 23. Neither had been given to the prosecution in time for the hearing. The prosecution claimed the officers were working diligently and would have them filed “soon.”

Meanwhile, Lubin’s defense attorney, Kevin O’Sullivan, objected strongly to the deferral motion, noting the impact on Lubin’s ability to work.

O’Sullivan also complained Lubin’s GPS monitoring and a strict curfew have been have created have amounted to a deprivation of liberty during the two years the trial has been pending.

Judge Kravitz denied the prosecution’s motion, stating it “doesn’t seem like there is truly good cause.”

The defense also asked the judge to suppress GPS data evidence from Lubin’s car. He was driving a loaner during the weeks surrounding the incident while his car was being repaired.

The lead MPD detective was given at least four days worth of GPS data from Lubin’s loaner over the course of his investigation. This data was obtained without a warrant, according to O’Sullivan.

He argued people have a legitimate expectation of privacy when data is collected over an extended period. Otherwise, without a warrant, it’s illegal.

In the event the court grants the defense’s motion to suppress, the prosecution said they would file a warrant for the GPS information, which they argued was allowed under the inevitable discovery doctrine.

It allows illegally obtained evidence to be admitted if it is proven that the evidence would have been inevitably discovered through legal means. The prosecution argued the lead detective had probable cause at the time of Lubin’s arrest to file for a warrant to obtain the data.

O’Sullivan countered that the only information the detective had regarding the suspect was a description of the shooter’s being light skinned, wearing jeans and grey sneakers. There was no witness identification or forensic evidence.

The detective identified Lubin as a suspect when, three days after the shooting, he spotted him driving a car which was said to be near the incident area an hour before the shooting.

Judge Kravitz said he wanted to interview the detective about the details of the arrest.

Parties are set to reconvene on Aug. 5.

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