Burglary, robbery and assault charges dismissed in D.C. Superior Court

The government recently dismissed burglary, robbery, and assault charges against a Koehler Law client in D.C. Superior Court.

The key to the case was investigation. Ring camera footage, building surveillance video, and cell phone records contradicted critical parts of the complainant’s account.

The evidence gathered by our investigator, Robert Kapler, ultimately helped secure the dismissal of every charge against our client.

What was the burglary allegation?

The complainant told police that our client appeared unexpectedly at her apartment late at night and forced his way inside when she opened the door.

That allegation formed the basis of the burglary charge.

Under D.C. Code § 22-801, burglary generally requires an unlawful entry into a dwelling or other specified premises with the intent to commit a criminal offense.

The Ring camera footage showed something different.

A camera located across the hall captured the encounter. It showed our client lightly tapping on the apartment door. The complainant then opened the door and allowed him inside.

There was no forced entry shown on the video.

The complainant also testified under oath that our client had not been to her apartment in more than four months.

Again, the video evidence contradicted her account.

Surveillance footage from the apartment building’s lobby showed our client, the complainant, and the complainant’s son leaving the building together during the early morning hours on two separate occasions earlier that same week.

What was the robbery allegation?

The complainant also alleged that our client took her cell phone and left the building with it.

That allegation formed the basis of the robbery charge.

The complainant’s cell phone records undermined that allegation.

Records obtained from her cellular provider showed continued activity on the phone within minutes of the alleged robbery. The phone was used to send text messages, make calls, and contact 911.

The records were inconsistent with the claim that our client had taken the phone and left the building with it.

What was the assault allegation?

The complainant also accused our client of assaulting her with a large can of bear mace.

Simple assault in D.C. can involve the use or attempted use of force against another person, as well as certain threatening conduct.

At an earlier court proceeding, the complainant testified under oath that there had been no can of bear mace in her apartment before our client arrived.

But the Ring camera footage showed that our client was not carrying a large can of bear mace when he entered the apartment.

This raised a fundamental question about the allegation: If the bear mace was not already inside the apartment and our client did not bring it inside, where did it come from?

What happened to the charges?

All charges against our client were dismissed.

The dismissal included the burglary, robbery, and assault charges.

Why was the investigation important?

Criminal cases can be won in many different ways.

Sometimes the defense prevails through a pretrial motion to suppress evidence. Other cases turn on cross-examination, expert testimony, or a closing argument at trial.

This case turned on investigation.

Our investigator, Robert Kapler, located and preserved objective evidence that contradicted important parts of the complainant’s allegations. That evidence included:

• Ring camera footage from outside the apartment;
• CCTV footage from the apartment building;
• cell phone records; and
• other evidence concerning the timing and circumstances of the allegations.

Together, this evidence provided the factual foundation for the defense and the eventual dismissal of all charges.

For anyone facing serious criminal charges in Washington, D.C., the case illustrates an important point: the allegations contained in a police report are only the beginning of the investigation. Independent video, electronic records, witness interviews, and other objective evidence can tell a very different story.