Judge Delays Ruling on Evidence in Shooting Case Pending Clarification ofโ appeals Court โคDecision
WASHINGTON, D.C.- DC Superior Courtโ Judge michael Ryan announced November 21 he would postpone aโฃ decision on suppressing โคevidence in the shooting of a 14-year-old boy until receiving โofficial confirmation of a recent DC Court of Appeals ruling. Theโฃ case centers โon whether evidence obtained through GPSโฃ 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 โคpossession of a firearmโฃ with a โprior conviction.
Goncalves is accused of shootingโ the teenager on November 29, 2023, on the 3900 block of Minnesota Avenue, NE, leaving theโข victim with nine gunshot wounds.โค
The โคdefense,led by โattorney Jamesโฃ Brockway,arguesโค that evidence โshould be suppressed due to the August ruling inโ 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. โฃThe Wells decision hinged on the fact that the Court Services and Offenderโ Supervision Agency (CSOSA) lacksโ the authority to impose GPS monitoring without a judicial warrant.
Court documents reveal Goncalves wasโ on parole at the time of the shooting, and police identified him as a suspect based on GPS data provided by โCSOSA without prior judicial authorization. The prosecution conceded that,โค ifโฃ the Wells ruling applies, the “vastโฃ majority” of evidence would need to be suppressed, possibly leading to the case’s dismissal.
“If indeed Wells is โthe law right now, then I would โjust โคrule on this case now,” Judge Ryan stated during the hearing. However, he indicated uncertainty about whether he could act without a formal mandate โขfrom theโ Court of Appeals.
Brockway argued a โmandate isn’t necessary, a point Judge Ryan disputed.He hasโ given both sidesโ time to determine if he โฃcan proceedโข based onโ the Wells decision.โฃ
The parties โขare scheduled to reconvene โขon December 8.