Judge Delays Ruling on Evidence in Shooting Case Pending Clarification of appeals Court Decision
WASHINGTON, D.C.- DC Superior Court Judge michael Ryan announced November 21 he would postpone a decision on suppressing evidence in the shooting of a 14-year-old boy until receiving official confirmation of a recent DC Court of Appeals ruling. The case centers on whether evidence obtained through GPS monitoring can be used against the defendant,Anthony Goncalves,53,who is charged wiht assault with intent to kill while armed against a minor,aggravated assault knowingly while armed against a minor,two counts of possession of a firearm during a crime of violence,and unlawful possession of a firearm with a prior conviction.
Goncalves is accused of shooting the teenager on November 29, 2023, on the 3900 block of Minnesota Avenue, NE, leaving the victim with nine gunshot wounds.
The defense,led by attorney James Brockway,argues that evidence should be suppressed due to the August ruling in United States v. Wells. In that case, the DC Court of Appeals steadfast that GPS monitoring lacks a “good faith exception,” meaning evidence obtained through improperly authorized monitoring violates Fourth Amendment protections against unreasonable search and seizure. The Wells decision hinged on the fact that the Court Services and Offender Supervision Agency (CSOSA) lacks the authority to impose GPS monitoring without a judicial warrant.
Court documents reveal Goncalves was on parole at the time of the shooting, and police identified him as a suspect based on GPS data provided by CSOSA without prior judicial authorization. The prosecution conceded that, if the Wells ruling applies, the “vast majority” of evidence would need to be suppressed, possibly leading to the case’s dismissal.
“If indeed Wells is the law right now, then I would just rule on this case now,” Judge Ryan stated during the hearing. However, he indicated uncertainty about whether he could act without a formal mandate from the Court of Appeals.
Brockway argued a mandate isn’t necessary, a point Judge Ryan disputed.He has given both sides time to determine if he can proceed based on the Wells decision.
The parties are scheduled to reconvene on December 8.
