I DISSENT: The DC Commission on Judicial Disabilities and Tenure, on which I sit as a commissioner through appointment by President Trump, just took action to reappoint for 15 years a DC Superior Court judge, the Honorable Todd E. Edelman, who made what I consider to be a reckless decision to release a criminal with a dangerous record. This criminal later was involved in the shooting death of a young boy named Davon McNeal here in DC. Based on this release decision and its catastrophic outcome, I alone found Judge Edelman unqualified for reappointment due to the grave threat to public safety posed by his exercise of judicial discretion. My full dissent is below: April 23, 2025 The Honorable Donald J. Trump President of the United States The White House Washington, D.C. 20500 DISSENTING OPINION Evaluation of the Honorable Todd E. Edelman I respectfully disagree with my fellow Commissioners’ conclusion that Judge Edelman is "well qualified." On July 4, 2020, a neighborhood in Washington DC was beset by a tragedy that claimed the life of 11-year-old Davon McNeal, a beloved boy who had dreams of NFL stardom. As reported by The Washington Post (June 3, 2022), Davon’s mother, Crystal McNeal, a committed advocate against gun violence, organized an anti-violence cookout that was attended by members of the community. After Davon was dropped off to meet his mother and while fetching a phone charger from his aunt’s house, he was struck and killed by a stray bullet, collapsing on a sidewalk. His mother, heartbroken, called him “my baby, my everything” (District of Columbia | Three Men Plead Guilty in 2020 Slaying of 11-Year-Old Boy | United States Department of Justice https://www.justice.gov/usao-dc/pr/three-men-plead-guilty-2020-slaying-11-year-old-boy ; D.C. men sentenced in 2020 fatal shooting of 11-year-old Davon McNeal - The Washington Post. https://www.washingtonpost.com/dc-md-va/2022/06/03/davon-mcneal-sentencing/) At the core of this catastrophe were four young men, including Christen Wingfield, who was on release in an illegal gun case six weeks earlier by Judge Todd E. Edelman. Wingfield, would eventually plead guilty to voluntary manslaughter for his role in Davon’s death. Wingfield, armed and violating the conditions of his release by Judge Edelman, was among those whose actions led to the murder, his culpability affirmed by his guilty plea. Davon’s grandfather, John Ayala, voiced the community’s outrage and concern about the judiciary’s contributing role, stating, “It’s ridiculous that people like [Wingfield] are being released due to the pandemic – from D.C. to New York City. We have to put more pressure on the judges because these guys, if they are violent criminals dealing with firearms, these guys should not be released. The only ones, if they’re going to release somebody, they have to be non-violent offenders” (https://www.fox5dc.com/news/dc-police-make-2nd-arrest-in-killing-of-11-year-old-davon-mcneal). It is because of Judge Edelman’s misjudgment in this tragedy that I respectfully dissent from the District of Columbia Commission on Judicial Disabilities and Tenure’s majority determination that he is “Well Qualified” for reappointment as an Associate Judge of the Superior Court, which would automatically extend his term for fifteen years. Based on his release decision in United States v. Christen Wingfield and its catastrophic outcome, I find Judge Edelman unqualified for reappointment due to the grave threat to public safety posed by his exercise of judicial discretion. The public expects judges to exercise discretion with utmost caution, particularly in cases involving obviously dangerous defendants with criminal convictions or arrests. By releasing Wingfield, Judge Edelman failed to adequately weigh the clear and present danger to the community, a lapse that cannot be excused by any other aspects of his record. On April 22, 2020, almost three months before the shooting death of Davon McNeal, Christen Wingfield was arrested in Washington, D.C. and charged by the government for the illegal possession of a Glock handgun and an extended magazine, a configuration designed to maximize its lethal capacity. At that time, he was on probation under the Youth Rehabilitation Act for a 2017 felony conviction for illegal possession of a handgun under the Youth Rehabilitation Act. His criminal history was extensive, with a demonstrated pattern of dangerous criminal behavior. In the arrest paperwork, the police also included information regarding the alleged discharge of a weapon in a public area during daylight hours—that, if true, was an act of reckless disregard that could have endangered innocent lives. In the least the record shows he was on probation for one felony gun conviction, had a new felony gun charge, and there was information about a dangerous firearm firing on a public street. Wingfield’s record, which includes both public and non-public information, persuades me that Wingfield was a clear and present danger to the community, and I do not believe he should have been on the streets at all. Two experienced Superior Court judges effectively recognized Wingfield’s dangerousness and did not release him despite the discretion under law to do so. On April 23, 2020, the day after his arrest, the Honorable Juliet J. McKenna, ordered Wingfield held without bond. Her decision was based on the 2020 pre-trial detention statute that has an initial presumption of detention for dangerous crimes, a decision I agree with. I understand her decision was based on the information before her including, the government’s new felony gun and extended magazine charge, arrest paperwork filed in court, Wingfield’s prior criminal history including a 2017 felony gun conviction, and other information presented by the Pretrial Services Agency. Subsequently, on May 7, 2020, the Honorable James A. Crowell IV reviewed an emergency bond review motion filed by Wingfield’s counsel, which sought Wingfield’s release based on, among other things, alleged health risks from COVID-19 in the D.C. Jail and procedural arguments about the Superior Court’s temporary suspension of full detention hearings due to the pandemic. Judge Crowell denied the motion. Although Judge Crowell’s written order was later challenged as legally deficient, his ultimate conclusion was also to keep Wingfield off the streets. Together, these rulings by Judges McKenna and Crowell establish a significant judicial record that Wingfield’s release would jeopardize public safety So, Judge Edelman’s subsequent release of Wingfield on May 22, 2020 seems oblivious to the clear evidence of Wingfield’s dangerousness. and the combined import of the prior detention orders of Judges McKenna and Crowell. The consequences of Judge Edelman’s decision were catastrophic and irreversible – and foreseeable generally, if not specifically. On July 4, 2020, Wingfield violated the terms of his release, was present and armed at the scene of the shooting death of Davon McNeal. After McNeal was killed, Wingfield cut off his GPS monitoring device and fled the jurisdiction. His subsequent guilty plea to voluntary manslaughter legally affirmed his culpable role in the child’s homicide. The murder’s impact on the community was profound. DC residents, already burdened by the scourge of gun violence, reported pervasive fear, with parents restricting their children’s outdoor activities to shield them from further harm. Judge Edelman continues to assert the propriety of his releasing Wingfield, even though the motion for reconsideration filed by Wingfield attached information about his juvenile history, and Judge Edelman was aware of his 2017 felony conviction for illegal handgun possession, active probation status, possession of a high-capacity Glock handgun, and credible evidence he fired a gun in a public area during daylight hours. As Judge Edelman remains convinced that releasing a defendant with Wingfield’s profile was justified, the public may fairly presume he will make similar reckless decisions in future cases involving defendants with, at best, dangerous criminal histories, firearm offenses or probation violations. The Wingfield decision is not a minor judicial lapse but a decision with devastating consequences—the death of an 11-year-old child–and it demands a central focus in the Commission’s evaluation. Indeed, the Wingfield decision garnered intense criticism during Judge Edelman’s 2022 nomination to the United States District Court for the District of Columbia. Nominated by President Biden on September 27, 2022, the Senate’s response was definitive: he was not confirmed. Judge Edelman’s continued presence on the court is an unacceptable risk in a position where public safety and trust are paramount. The judiciary and the Commission must prioritize accountability and public safety and my conclusion finding Judge Edelman unqualified for reappointment reflects that imperative. Therefore, I respectfully dissent. Respectfully Submitted, Thomas Fitton Commissioner The full report from the Commission is available here: https://cjdt.dc.gov/release/district-columbia-commission-judicial-disabilities-and-tenure-issues-its-evaluation-reports