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By
Emily Nordberg
- March 4, 2025
Daily Stories
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Shooting
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Suspects
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Victims
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DC Superior Court Judge Michael Ryan ruled in favor of a homicide defendant’s continued detention after a superseding indictment brought a new conspiracy charge and alleged conspirator to light during a Feb. 28 hearing.
Kevin Foster, 20, is charged with conspiracy while armed, first-degree murder while armed, second-degree murder while armed, assault with intent to kill while armed, and three counts of possession of a firearm during a crime of violence. The charges stem from his alleged involvement in two fatal shootings on March 7, 2023, on the 2700 block of Bruce Place, SE, which claimed the life of 23-year-old Dana Faulkner, along with 15-year-old Abdul Fuller who was shot and killed at the intersection of Mississippi Avenue and Wheeler Road, SE. There was one surviving victim from the shooting on the 2700 block of Bruce Place.
Foster was arraigned on superseding indictment charges that added a conspiracy charge and co-conspirator–who is being held on an armed carjacking–before entering a plea of not guilty.
The co-conspirator is scheduled for trial in May on the separate armed carjacking case, but the prosecution is making every effort to remain on schedule for Foster’s March 2026 trial date by working to ascertain counsel for the new co-conspirator.
The conspiracy charge and co-conspirator were added based on evidence including five Instagram live videos allegedly showing Foster with other persons of interest dissing the neighborhood where they were going for a shooting.
The prosecution’s theory is that Foster was a driver involved in the shooting and got out to watch the incident. Then one of the victims, Fuller, died in the vehicle from an accident due to a subsequent shoot out with another vehicle.
Defense attorney Matthew Davies stated that the defense’s objective was to seek release, arguing that there was no evidence that Foster shot a gun or fired at anyone, given that the prosecution’s theory implicates Foster as an aider and abetter.
Davies also cited Foster’s 14-month detention, during which he has dutifully completed school and has demonstrated exemplary conduct, along with the strong support of his large family both in and out of court, as further justification for his release to home confinement.
Davies suggested some restrictions to ensure the safety of the community, including 24 hour electronic monitoring, a complete social media black out, daily check-ins with the Pretrial Services Agency (PSA), and stay away orders issued from individuals involved with the case.
The prosecution challenged this request, arguing that there was no material change in evidence to warrant a release. They reiterated that there was ample evidence of Foster’s owning guns and behaving dangerously from the new superseding indictment.
Judge Ryan stated that although there is no evidence Foster would be a flight risk, home confinement would not ensure the community’s safety, citing the fact that some of the crimes allegedly took place in Foster’s home, and ruled that there was no basis for release.
Parties are slated to reconvene on March 27.