» Machete Stabbing Case Dismissed After Prosecution Failed to Indict

DC Superior Court Judge Juliet McKenna dismissed a domestic stabbing defendant’s case without prejudice on Nov. 9 because the prosecution failed to file an indictment.

Eduavdo Gonzalez, 47, was charged with assault with a dangerous weapon for his alleged involvement in a domestic stabbing that occurred on the 5100 block of Yuma Court, NW on Feb. 7. The victim, a relative of Gonzalez, sustained a laceration to the left hand from a machete.

According to court documents, the victim and Gonzalez reportedly had a verbal dispute after which Gonzalez allegedly became irate and brandished a machete. Allegedly, the victim and Gonzalez then wrestled over the weapon which caused the victim’s injuries.

According to court records, Gonzalez’s attorney, Joseph Scrofano, filed a motion to dismiss on Nov. 6, as the prosecution failed to meet the nine-month indictment deadline. Initial charges were filed against Gonzalez on Feb. 9.

At the hearing, Judge McKenna asked the prosecution for their response to Scrofano’s motion. The prosecution said that a new prosecutor was assigned to the case and has started an investigation to pursue misdemeanor charges instead of the initial felony charge. Additionally, the prosecution offered to place Gonzalez in Mental Health Community Court (MHCC) as there were concerns about his mental stability.

MHCC is a specialized treatment court for individuals with serious mental illness who are charged with misdemeanors or low-level felonies and meet program requirements to receive treatment and case diversion.

Judge McKenna, dismayed, said that the prosecution had enough time to investigate and file an indictment. The judge said the prosecution can’t extend the clock by dropping the felony charge in favor of a misdemeanor charge.

Additionally, Judge McKenna asked if the prosecution had made any contact with the victim. The prosecution answered there were conversations with the victim but they preferred the assigned prosecutor, who was not present in court, to make representations on this matter.

Scrofano said that to his knowledge, the prosecution had not spoken with the victim since June. According to Scrofano, the victim contacted him frustrated that the prosecution had made no efforts to communicate with her.

Additionally, Scrofano said that discussions about MHCC were discontinued because the Pretrial Services Agency (PSA) found Gonzalez ineligible for the program after a mental health screening proved Gonzalez was mentally competent to stand for trial.

To stand trial, a defendant must understand the charges against them and be able to assist in their defense.

Scrofano claimed that the case has created “disharmony” within Gonzalez’s family. Scrofano believed that the resulting prejudice was tremendous in this case and any representations from the assigned prosecutor would not change that.

Judge McKenna shared Scrofano’s frustration but said she didn’t believe that was enough of a reason to dismiss the case because there was no speedy trial violation since the case has not surpassed the one year mark. Judge McKenna also said that Gonzalez was removed from GPS monitoring months ago so there was no basis to dismiss the case with prejudice because there were no oppressive conditions.

The judge asked the prosecution if any witnesses were submitted to the grand jury for an indictment. The prosecution said no and didn’t elaborate on whether any steps had been made towards an indictment.

The prosecution highlighted that the victim had previously communicated she wanted the case to go away. Upon hearing this statement, Judge McKenna dismissed the case without prejudice, meaning the prosecution could refile the charges in the future.

No further dates were set.

» Machete Stabbing Case Dismissed After Prosecution Failed to Indict

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