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By
Marissa Stambaugh
, Ella Munnelly - September 4, 2024
Burglary
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Daily Stories
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Homicides
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Robbery
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Shooting
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Victims
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DC Superior Court Judge Marisa Demeo found probable cause that two co-defendants were the perpetrators in a homicide during a preliminary hearing, and denied their request for release on Sept. 4.
D’andre Montgomery, 18, and Eric Sheffield, 19, are charged with felony murder while armed and robbery – felony murder for their alleged involvement in the fatal shooting of 28-year-old Kenneth Barskdale. The incident occurred on Dec. 16, 2023, on the 1200 block of 44th Place, SE.
According to court documents, two individuals, identified as Montgomery and Sheffield, attempted to steal Barksdale’s Ford Thunderbird, which was parked at the location. When he refused the suspects shot at Barksdale multiple times, killing him.
Montgomery’s attorney, Sylvia Smith, argued that although the underlying felony is a robbery, no robbery occurred, therefore felony murder is not supported. Sheffield’s attorney, Nathaniel Mensah, supported this claim.
Smith also questioned the line between theft and robbery, but the court decided that although the defendant’s initial goal was to commit theft, it became a robbery when the victim came outside, arguing it became a crime against a person not a crime against property.
Following the finding of probable cause, Mensah and Smith asked that their clients be released on home confinement, as they both have strong school and familial support. Mensah also raised Sheffield’s physical limitations, as he has epilepsy. He had previously been hospitalized for the condition for lack of treatment at the DC Jail.
The prosecution objected, and requested continued detention due to the “truly senseless violence used against Mr. Barksdale.” They also noted that the accused allegedly kept shooting even as the victim began to run back towards his house, and pointed out that at the time there was a toddler inside.
Judge Demeo ultimately deemed the pair a danger to the community if released on home confinement due to prior violations of release conditions and other convictions.
Judge Demeo granted the prosecution’s request for continued detention, but reiterated the need for the Department of Corrections (DoC) to monitor Sheffield’s medical needs.
A felony status conference will be held on Nov. 1.