pleas, the abatement order was properly issued under § 22-2717.
C. The Nuisance Has Already "Abated"
Defendants contend that all of the individuals who constituted the alleged nuisance are either sentenced and incarcerated, will be sentenced shortly, or are otherwise no longer at or near 647 G Street, S.E. In light of this, combined with the fact that the government has alleged no acts of drug dealing since December 19, 1996, they claim that the nuisance is already abated, and therefore the only possible purpose for the Order is to punish the occupants and owners of the house, which would be improper. See Thomas Circle Limited Partnership v. United States, 372 A.2d 555, 557 (D.C. 1977).
Defendant's contention that all the perpetrators of the nuisance are no longer at or near 647 G Street, S.E. ignores a critical fact: Love Wade and Raymond Parks remain at large. Until these two individuals are apprehended, any contention that the nuisance has abated is premature and will not be considered by this court.
This court does take notice of the affidavits of Watson Stringfellow and Lesley Wheeler, who both claim that they have not witnessed any drug activity or suspected drug transactions on G Street since December 1996. At the same time, it also recognizes a letter from the Sousa Neighborhood Association dated September 19, 1997 and filed with this court on September 25, 1997, which states "the house at 647 G Street, SE, Washington has been and continues to be a strong and irresistible magnet for disruptive, loud, menacing, intrusive and threatening behavior on the part of visitors to this house." (emphasis added). At such time when the remaining two defendants are no longer at large, this court will entertain a motion for reconsideration of the Order of Abatement and will address whether an abatement order is proper as a matter of law when all perpetrators of the nuisance no longer have access to the property. Furthermore, at that time, the court may make a factual determination as to whether the nuisance has, in fact, abated. But this court cannot hold that the property in question no longer constitutes a disorderly house nuisance until all individuals that the grand jury has identified as creating the nuisance are brought before the court, and it can be conclusively determined that, in defendants' words "the individuals who . . . constituted the nuisance are no longer at or near 647 G Street, S.E."
D. The Third Party Interveners Lack Constructive or Actual Knowledge of The Illegal Activities
The third-party interveners claim that the Order of Abatement should not have been issued in this case because they were without "guilty knowledge" of the illegal use of the property. In Holmes v. United States, 50 App. D.C. 147, 269 F. 489, 491 (App. D.C. 1920), the D.C. Court of Appeals held that Congress could not have intended to subject citizens to an abatement order "unless he [the subject] possessed a guilty knowledge of the acts relied upon, or was fixed with presumptive knowledge because of the general reputation of the place." This "guilty knowledge" standard was later reformulated by the Court of Appeals, which held that to obtain a conviction for keeping a disorderly house, the government must prove that "the proprietor knows or should know of the acts and does nothing to prevent them." Harris, 315 A.2d at 575. Subsequently, in Thomas Circle the court allowed proof of actual or constructive knowledge through inferential reasoning. "It can be inferred that appellant should have known early in the lease's term that their property was being used for illegal purposes." Thomas Circle, 372 A.2d at 557; see also Killeen v. United States, 224 A.2d 302, 304 (D.C. 1966) ("In addition, the requisite knowledge could have been proved inferentially since a proprietor is presumed to have knowledge of that which goes on in his premises.")
Unaddressed in any of these cases is the instant situation, where there are multiple owners who may vary as to their degree of "guilty knowledge."
As to the three non-resident lineal descendants of Rosie B. Wade, their Application to Vacate states that Shelton Wade resided in Prince George's County, Maryland, Angel Wade lived in Florida and Sheila Gant was a resident of northwest Washington, D.C. throughout the relevant period. Consequently, they allege that they neither knew nor should have known that any illegal activity was being conducted at 647 G Street, S.E.
In regard to the resident lineal descendants, the Application to Vacate states that Jean Wade is mentally retarded, possessing the communication skills of a three-year old and the social domain of a six-year old. The interveners have provided this court with credible evidence of her condition. See Government of the District of Columbia Department of Human Services Individual Habilitation Plan of Jean Esther Wade (August 19, 1992). Given her cognitive capacities, defendants argue that she is incapable of having guilty knowledge of the activities transpiring at 647 G Street, S.E. As to Dorothy Wade, the wife of James Wade, she asserts that while she was aware that her son Charles Wade had a drug problem, she did not know, or have reason to know, that her home was involved in illegal drug activity. Defendants do not address whether James Wade, who was indicted in this matter, entered a plea of guilty to a marijuana charge, and is an equitable co-owner, did or did not have guilty knowledge.
It is uncontested that James and Dorothy Wade were, at all relevant times, residents of 647 G Street, S.E. It is also uncontested that:
1. On April 21, 1994, police served a narcotic search warrant at the address, and recovered illegal ammunition.
2. On October 6, 1994, the police arrested Leon Creek with drugs in front of the house.