Judge Finds Probable Cause in 14-Year-Old Homicide After Recanted Testimony

By Sophie Griggs [former] - December 10, 2023
Daily Stories | Homicides | Shooting | Suspects | Victims |

On Nov. 14, DC Superior Court Judge Anthony Epstein found probable cause and is holding a homicide defendant without release in a 14-year-old-muder case.

Randolph Thomas, 40, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 19-year-old Emmanuel Durant Jr. on Dec. 31, 2009.

Thomas previously pled guilty to a murder that occurred 20 some hours before the shooting of Durant Jr., in which he fatally shot Chardale Bowe on Dec. 31, 2009, on the 4800 block of North Capitol Street, NE. 

During the hearing, the prosecutor called the lead detective from this case to confirm the affidavit he wrote and to testify regarding the plea agreement Thomas took in the Bowe case.

Thomas’s defense attorney, Todd Baldwin, asked the detective about any promises made to a witness for changing his testimony years later, and the detective claimed there were no promises made to the witness, but the witness seems to think his testimony will help his own sentence.

Baldwin argued the detective does not know whether the witness’ new testimony is the truth or not and that this new testimony is the only identification connecting Thomas to Durant’s shooting.

According to Metropolitan Police Department (MPD) documents, officers responded to the 200 block of Webster Street, NE, for the report of a shooting. Upon arrival, they located Durant on the 200 block of Hawaii Avenue, NE, suffering from gunshot wounds. He was transported to a local hospital where he succumbed to his injuries.

The prosecutor argued that the witness did not lie in the Grand Jury for this case and that the witness had information about the same gun being used in Thomas’ previous conviction and in this homicide. The prosecutor showed Judge Epstein evidence of MPD matching the shell casings and bullets recovered from both cases to the same gun. 

According to parties, a witness who testified in 2010 in front of a Grand Jury in Bowe’s case admitted in 2020 he falsified information that he didn’t know about Thomas’ involvement in Bowe’s murder. In 2020 the witness agreed to cooperate with the police in hopes of his new testimony helping his own sentence regarding a homicide.

In Baldwin’s argument against probable cause, aside from the witness’ changed testimony, prosecutors do not have anything linking Thomas to Durant Jr.’s shooting, and “guns are transferred easily”.

Judge Epstein said usually guns are transferred easily, but these two homicides were only around 20 hours apart so the idea that that gun was transferred is not as feasible.

The prosecutor argued the shell casings are a match for the same gun and the police learned from the witness that he knew the same gun was used in both shootings. 

Judge Epstein then found the prosecutor had established probable cause because of the witness’ new testimony and because Thomas pleaded guilty in the homicide that occurred around 20 hours before the murder of Durant Jr.

After hearing from both parties, Judge Epstein granted the prosecutor’s request for Thomas to be held as he awaits further proceedings. 

The next hearing is Jan. 12.