Potential delay in David Simmons’ murder trial

Almost two years after the murder of 32-year-old David Simmons the trial for his murder has yet to begin, and more delays may be on the horizon.

Simmons was killed in March 2015 during a shooting on the 2300 block of Hartford St., SE. When police responded, they found both Simmons and another man suffering from gunshot wounds. They were both brought to a nearby hospital where Simmons succumbed to his injuries.

According to police, Rashad Allen, 33, is responsible for Simmons death. Allen is currently being held without bail as he faces second-degree-murder while armed charges.

At a status hearing Thursday, Judge Lynn Leibovitz asked both the defense counsel and the prosecutor if they were ready for trial. The prosecutor was quick to agree and went on to explain his time frame consisting of a three day argument with between fifteen and nineteen witnesses.

The defense attorneys were not in the same position, and instead argued for pushing the trial date.

According to April Downs, one of Allens’ attorneys, a new expert was assigned to go over the evidence. After testing shell casings found at the crime scene, the new expert came to different conclusions than previously noted.

In addition, Downs argued for a blood swab that was found at the crime scene to be tested, though it was deemed irrelevant previously.

Judge Leibovitz granted a continuance for tomorrow at noon in order for Downs to explain why the new conclusions of the shell casings and the blood swab warrant a delay in the trial date.

 

This story has been updated. 

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