Judge Partially Grants Motion to Admit On-Scene Witness Statements

By Ashley Drazka [former] - April 1, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

On April 11, DC Superior Court Judge Robert Okun addressed the prosecution’s motion to admit the victim’s girlfriend’s on-scene statements into evidence.

Marcus Walker, 23, is charged with first-degree murder premeditated while armed, assault with a deadly weapon, assault with a deadly weapon against a minor, second-degree cruelty to children, three counts of possession of a firearm during a crime of violence, and possession of a large capacity ammunition feeding device for his alleged involvement in the killing of 28-year-old Erik King on Oct. 11, 2022 at the 800 Block of 21st Street, NE.

Judge Okun first wanted to address the issue of a second witness, a six-year-old, who can be heard in the responding officer’s body-worn camera footage.

Walker’s defense attorney, Jesse Winograd, noted that because the witness is not testifying in court, the statements should not be allowed.

Prosecutors argued that the statements made should be considered an “excited utterance”, which would make them admissible.

Judge Okun ordered that the juvenile witness’ testimony be redacted.

When discussing the statements made by King’s girlfriend, Winograd stated that the on-scene identification of Walker is “a classic example of an out-of-court identification,” and therefore less objectionable. However, there are portions of the clip he further objected to.

“She is a naked gunshot victim with her dead boyfriend in the next room,” said the prosecutor when arguing that all the statements made should be considered an excited utterance.

Winograd responded by saying that the witness’ change in demeanor needs to be considered when determining if a statement should be considered an excited utterance. He noted that there was a considerable difference between the beginning of the footage when the witness is hysterical and later in the footage when the witness has had time to calm down.

“This is a woman who just saw her then-boyfriend shot dead in front of her,” said Judge Okun while acknowledging that she was in a state of “nervous excitement.” However, he recognized that at a certain point in the footage “she has calmed down, and largely remains calm.”

Judge Okun partially granted the motion as he ruled that portions of the body-worn camera footage are admissible.

Parties are slated to return April 24.