Judge Denies Severance Motion in Deadly Mass Shooting Case

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DC Superior Court Judge Jason Park denied a defense motion to sever one co-defendant from the other four in a fatal mass shooting case on Feb. 20.

Johnny Wilkins, 34, Marcel Gavin, 37, Kharee Jackson, 31, Earl Robinson, 32, and Darryl Little, 30, are charged with three counts of first-degree murder while armed, premeditated first-degree murder while armed, assault with intent to kill, assault with significant bodily injury while armed, three counts of robbery while armed, nine counts of possession of a firearm during a crime of violence, and conspiracy for their alleged involvement in the death of 21-year-old Albert Smith on June 14, 2020 on the 1300 block of Congress Street, SE. Three other individuals sustained injuries during the incident.

During the hearing, Wole Falodun, on behalf of Little, met with the prosecution and Judge Park to discuss the motion he filed to sever Little’s case from his other co-defendants. Falodun argued that the evidence filed in the indictment for Little was significantly less than the other defendants and because he was not physically involved in the assault, a severance was in Little’s best interest.

Judge Park denied the motion. He explained that a defendant is not entitled to severance just because the co-defendants’ evidence may be more substantial.

The judge noted that given the prosecution’s proffer or proof of evidence, Little allegedly was still an active participant in the assault through the conspiracy, even if he did not physically participate. Judge Park said that being a part of the getaway strategy provided clear evidence that the cases are connected.

Parties are slated to reconvene on March 21.