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By
Audrey Staudacher [former]
, Kiliane Gateau [former] - May 3, 2024
Court
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Daily Stories
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Homicides
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Shooting
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Suspects
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Victims
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DC Superior Court Judge Robert Okun heard closing arguments and expert testimony in front of a jury for a fatal shooting over an alleged jealous ex-lover who fatally shot his ex-girlfriend’s new boyfriend.
Marcus Walker, 23, is charged with first-degree premeditated murder while armed, assault with a dangerous weapon, assault with a dangerous weapon against a minor, second-degree cruelty to children, and several other firearm and ammunition possession charges for his alleged involvement in the death of 28-year-old Eric King. The shooting took place on the 800 block of 21st Street, NE, on October 11, 2022. One other victim had minor injuries.
According to court documents, Walker and his two infant children were living with his ex-girlfriend in her apartment. On the night of the incident, Walker, his ex-girlfriend, and her boyfriend were watching TV when the couple asked Walker to head to the living room so they could go to sleep.
After Walker returned to the living room, he allegedly sent the ex-girlfriend angry texts, accusing her of behaving disrespectfully towards him. When the ex-girlfriend stopped replying to the messages, Walker allegedly barged back into the bedroom with a gun while the couple was having sex shooting King on the chest and his genitals.
While his ex-girlfriend called the police, Walker reportedly fled the scene with his two children. The ex-girlfriend received minor injuries during the altercation, and her six-year-old daughter was present in the bedroom.
On May 2, the prosecution argued that Walker’s actions during the shooting were premeditated and deliberate, and that his “stream-of-consciousness” texts provided insight into his motive for shooting King.
“He did not act on impulse,” said the prosecution. “He doesn’t go in not knowing what he’s going to find. When you point a gun at point-blank range and pull the trigger, you intend to kill someone.”
Further, they argued that the second shot to King’s genitals was unnecessary, as the first shot had fatally struck his heart and lungs.
“Shooting someone in the genitals is personal,” the prosecution argued.
The prosecution also pointed out that Walker’s DNA was likely found on a shell casing used in the shooting, and that video surveillance showed an individual carrying two children down the street away from the ex-girlfriend’s apartment at the same time as she called 911.
“Don’t fall for smoke and mirrors,” said the prosecutor. “The truth is, [Walker] is the killer.”
The prosecution reminded the jury of the ex-girlfriend’s testimony, who was the primary eyewitness to the shooting, and argued her testimony corroborated all the evidence.
“This is a case where the eyewitness is clinging to the body of the victim!” said the prosecution, referencing a responding officer’s body-worn camera footage, which showed the ex-girlfriend attempting life-saving measures on King when officers arrived at the scene.
The ex-girlfriend also had to admit intimate details of her personal life while on the stand, which the prosecution argued meant her testimony of the shooting was credible.
“She told you everything, even if it didn’t make her look very good,” said the prosecution. “She didn’t shy away from any of it. Why would she lie?”
They asked the jury to find Walker guilty on all charges, reminding them that, “there were two other victims in the room that night,” in reference to the ex-girlfriend and her child.
“It is absolutely cruel to murder a man in front of a six-year-old girl,” said the prosecution.
Walker’s defense attorney, Jesse Winnograd, began his closing statements by telling the jury, “It’s not as open as shut as [the prosecutors] like to make it.”
He claimed the prosecution did not provide a substantial motive for Walker, arguing that King and Walker had known each other for weeks prior without any previous altercations, and that the texts Walker sent to his ex-girlfriend before the shooting did not threaten violence towards her or King.
“He knew that they were boyfriend and girlfriend,” said Winnograd. “There’s no motive.”
Further, he pointed out that no one had identified the individual believed to be Walker in video surveillance footage, and the firearm used in the shooting was never recovered.
He also pointed out that Walker had been living in the apartment for weeks before the shooting took place, which could explain why his DNA evidence was on the shell casing.
“That DNA evidence doesn’t sound too damning to me,” said Winnograd.
Walker also left all of his belongings in the apartment after fleeing, which Winnograd argued was inconsistent with premeditation.
“Why on Earth would he leave it there?” exclaimed Winnograd. “[The prosecution’s] evidence of premeditation doesn’t work!”
According to Winnograd, the ex-girlfriend was also an unreliable witness, citing minor inconsistencies in her story, and claiming she had accused a past boyfriend of assault with a firearm, but dropped the charges informing the boyfriend’s defense attorney that she had made false statements to the police.
“Who shot King? I don’t know,” said Winnograd. “Walker is the easy person to blame.”
He asked the jury to find Walker not guilty on all charges.
The prosecution then made their final argument by pointing out that the shell casing found at the scene did not likely have King’s DNA evidence on it, despite its being found next to his body on a bed where he had been having sex.
“DNA evidence is not biased,” said the prosecution. “Your verdict needs to be based on cold, hard facts.”
Earlier in the hearing, Winnograd had called a crime scene reconstruction expert. The witness explained that, based on the crime scene photos, the autopsy report, and the photos of the ex-girlfriend’s injuries, King was likely lying on the bed when the shooting occurred.
This report was inconsistent with the ex-girlfriend’s testimony, who testified that she was lying on the bed and King had been on top of her when the shooting occurred.
However, the witness claimed that two hours before his testimony, he found that the ex-girlfriend’s account of events was also consistent with the evidence, and concluded that both his report and her account of events were possible.
With closing arguments concluded, Judge Okun sent the case to the jury.