A D.C. Superior Court judge yesterday placed former D.C. city council member Douglas E. Moore on probation for two more years after the judge found that Moore failed to comply with the conditions of an earlier probation.
James S. Wates, Moore's probation officer, testified before Judge Milton D. Korman that Moore had not submitted to psychiatric testing as he was ordered to do. That order had been issued following Moore's 1976 conviction for assault that stemmed from an incident in which he was accused of biting a tow truck driver during a scuffle at the District Building.
At the time, Moore was sentenced to pay a $500 fine and to spend six months in jail. Korman suspended the jail time and ordered Moore to undergo a mental examination as a condition of a two-year probation.
William Borders, Moore's attorney, argued in court yesterday that Moore had not violated the conditions of his probation because the court had made no arrangements for him to be tested by a psychiatrist.
"I think I can agree with you that Mr. Moore was not obliged to go to a psychiatrist and have himself examined," Korman told Borders. "But the fact is that [the testing] was not done.
Moore was arrested by U.S. marshals at Borders' office Tuesday afternoon on a contempt of court warrant issued last Thursday by Korman when Moore did not appear in court to explain why he had failed to undergo mental testing.
Moore requested that Korman agree to allow another judge to hear the contempt of court case. The case was assigned to Judge Tim Murphy, who will hold a hearing on Nov. 2.