Homicide Defendant Requests Judge Reconsider Severance Motion

By Birchard Allen IV [former] - August 1, 2024
Daily Stories | Homicides | Shooting |

DC Superior Court Judge Maribeth Raffinan told parties she needed additional time to reconsider a co-defendant’s motion to sever during an Aug. 1 hearing. 

Rafeal Stevens, 39, and Jermall Johnson, 40, are charged with premeditated first-degree murder while armed, attempted robbery – felony murder, five counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm, among other charges, for their alleged involvement in the shooting death of 50-year-old Aniekobo Umoh on Dec. 29, 2022, on the 2700 block of 7th Street, NE. 

Johnson’s defense attorney, Stephen LoGerfo, discussed a motion for severance, in which he argued that the prosecution is relying on some type of conversation or pre-planned discussion between the defendants that led to the homicide. In the motion, LoGerfo stated Johnson wants Stevens to testify in his trial, which could be an issue if they’re tried together. 

However, the prosecution objected to the motion, stating that the video of the incident speaks for itself. 

According to the prosecution, at trial, they will provide the jury surveillance footage that shows the two defendants outside of a liquor store with several other individuals, including Umoh. The prosecutor alleged that the two defendants stare at each other and then walk away from the area, before returning and killing Umoh.

Because of the video, the prosecution argued, they have proof of co-conspirator liability, regardless of who’s the who fired the deadly shot, and insisted that severance is not appropriate in this matter. 

Jason Tulley, Stevens’ defense attorney, insisted there was no agreement or verbal exchange between Stevens and Johnson regarding the attack. 

However, the prosecution argued the video evidence shows an individual identified as Johnson standing behind the liquor store door and waiting to shoot until shots are fired by an individual identified as Stevens.

LoGerfo argued that Johnson only shot to protect Stevens, and that is the reason why “it is essential that [Stevens] testifies” in Johnson’s behalf. He requested Judge Raffinan reconsider the severance motion.

Judge Raffinan told parties she would issue a ruling before the next hearing. 

Parties are set to return on Sept. 12.