Judge Denies Defendant’s Release in Glass Bottle Murder

Thank you for reading D.C. Witness. Help us continue our mission into 2024.

DC Superior Court Judge Anthony Epstein found probable cause and denied release for a homicide defendant on Oct. 23, accused of killing his victim with a glass bottle.

Tommy Whack, 35, is charged with felony murder while armed for his alleged involvement in the fatal stabbing of 53-year-old Fasil Teklemariam on the 1300 block of Peabody Street, NW on April 5.

According to court documents, video footage reveals two suspects arriving at an apartment complex in a black vehicle. A third suspect opens the door for them at Teklemariam’s apartment and they stay inside. After some time, all suspects were seen exiting the apartment complex and the one appearing to be Whack was carrying a blue Walmart bag.

A medical examiner ruled Teklemariam’s death by bludgeoning with a sharp object, and he suffered from multiple sharp force injuries, according to court documents. A glass bottle neck had been found next to the victim’s body with blood stains on it. Upon further testing, Whack’s fingerprints were allegedly found on the weapon.

During the hearing, prosecutors called on the lead detective from the Metropolitan Police Department (MPD).

The detective confirmed video footage of the main suspect carrying a Walmart bag while fleeing the crime scene. This same Walmart bag was allegedly found in Teklemariam’s apartment during a crime scene investigation.

The detective confirmed many pieces of evidence found that link Whack to the crime scene including fingerprints, a similar looking vehicle seen in video footage and articles of clothing.

Kevin O’Sullivan, Whack’s attorney, argued that the prosecution had not met the burden of proof for probable cause in this case. He cited the description of the suspects by a witness, which he argued did not match Whack’s, the lack of cellular GPS tracking, and the minimal amount of forensic evidence.

O’Sullivan insisted that the fingerprint found on the wine bottle was not sufficient evidence because it could have been there previously..

The prosecution explained there was additional evidence placing Whack at the scene of the crime, including the black car he owned being in the video surveillance footage.

Judge Epstein believed the evidence was enough to meet the low burden of probable cause. He argued that, although the case was based on circumstantial evidence, it was based on “strong circumstantial evidence.”

O’Sullivan requested Whack be released to home confinement and Judge Epstein issue a stay away order from the District of Columbia Whack can focus on this family and his business.

O’Sullivan insisted that Whack did not pose a danger to the community and home confinement was sufficient for the community’s safety.

The prosecution disagreed, and stated that his prior conviction for an unrelated murder in Prince George’s County, Maryland, and the nature of the crime deem him a danger to the community.

Judge Epstein denied release on home confinement for Whack, arguing there is clear and convincing evidence with prior criminal history and the nature of the crime to show that he’s potentially dangerous to the community.

Judge Epstein added that removing him from one jurisdiction and moving him to another does not sufficiently ensure the safety of any individual given the circumstances.

Parties are slated to reconvene Nov. 15.