Homicide Defendant Renews Motion to Sever Amid Potential Trial Delays

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One defendant in a fatal shooting case filed a motion to continue trial during an Oct. 15 hearing before DC Superior Court Judge Maribeth Raffinan. In response, his co-defendant asked to renew their motion to sever.

Jermall Johnson, 40, and Rafael Stevens, 39, are each charged with two counts of premeditated first-degree murder, two counts of assault with a dangerous weapon and five counts of possession of a firearm during a crime of violence for their alleged involvement in the fatal shooting of Aniekobo Umoh, 50, on Dec. 29, 2022, on the 2700 block of 7th Street, NE.

During the hearing, Johnson’s attorney, Steven LoGerfo, argued for a trial to be delayed so that independent DNA testing could be conducted and to wait for the issue of having a jury that is representative of the community to be resolved.

Regarding the jury issue, Judge Raffinan agreed with the prosecution’s opposing argument, finding it not sufficient grounds for a continuance.

LoGerfo and the prosecution then made arguments on whether Johnson had the right to do independent DNA testing on the bullet casings at the scene.

The prosecution argued that one casing had been tested already and the other was used in ballistics tests and may have been contaminated. Additionally, any DNA findings on either casing would not have evidentiary value significant enough to warrant waiting for test results.

LoGerfo disagreed, stating evidence related to a gun allegedly used in any case should have sufficient evidentiary value to warrant a continuance.

Judge Raffinan decided that she would rule on the motion to continue and the potentially resulting motion to sever when parties reconvene on Oct. 18.