Footage, Images From Rap Videos Admitted Into Evidence in Rival Crew Murder Trial

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Parties discussed the prosecution’s motion to admit six co-defendant’s prior words and actions suggesting violence in a homicide trial from March 3 to 6 before DC Superior Court Judge Neal Kravitz

William Johnson-Lee, 22, Erwin Dubose, 30, Kamar Queen, 27, and Damonta Thompson, 28, are charged with conspiracy, two counts of premeditated first-degree murder while armed with aggravating circumstances, two counts of assault with intent to kill while armed, and three counts of assault with significant bodily injury while armed, for their involvement in the mass shooting that claimed the lives of 31-year-old Donnetta Dyson, 24-year-old Keenan Baxter, and 37-year-old Johnny Joyner

Dubose, Queen, and Johnson-Lee each have nine additional counts of possession of a firearm during a crime of violence. Queen and Thompson each have one additional count of first-degree murder while armed with aggravating circumstances, and Johnson-Lee has two more counts of the same charge. Dubose, Queen, and Thompson also each have an additional charge of one more counts of assault with intent to kill while armed.

Dubose and Queen are each charged with unlawful possession of a firearm with a prior conviction, as well. Dubose has additional charges of premeditated first-degree murder while armed and tampering with physical evidence. Finally, Queen and Johnson-Lee each have an additional charge of carrying a pistol without a license outside a home or business. 

The incident occurred on the 600 block of Longfellow Street, NW on Sept. 4, 2021, and left three others suffering from injuries 

Toyia Johnson, 52, and Mussay Rezene, 32, are charged with accessory after the fact while armed and tampering with physical evidence for their alleged involvement in assisting the other defendants in getting rid of the evidence and avoiding getting caught in connection with the case. 

The prosecution filed a so-called motion in limine to establish background context and motive regarding evidence of the incident. According to the prosecution, the defendants belong to a ‘rap alliance’ called Tough Real Understanding (TRU), and they are alleged to have longstanding animosity towards another alliance known as Kennedy Street (KDY). Prosecutors sought to use footage, images, and lyrics from rap videos made by the defendants to show the motives behind the homicides. 

Six rap music videos were brought forward for consideration by the prosecution: Ask About Me, Freestyle, Running Man, Smoke, War Now, and King of the Jungle. Everyone except Johnson were featured in the videos, and the prosecution looked to admit all of them into evidence against all defendants. 

In Ask About Me, the prosecution sought to introduce the video in its entirety, mostly muted but requesting to allow audio where it was necessary. They argued that the video established the close relationship between the defendants and was evidence of their loyalty to each other, which is critical evidence for the motive. 

The defense attorneys objected, stating that the video does not reference attempts to commit any offense, they cannot prove the lyrics were sung in that moment, and the evidence was more prejudicial than probative. 

Ultimately, Judge Kravitz decided to admit the muted video and allow certain portions of audio, emphasizing the prosecution’s point that the video is relevant to show who is who and the relationship the defendants have with each other. The audio admitted will only be admissible for Queen, as he was the one singing. 

Likewise, the prosecution sought to admit Freestyle for the same reasons as Ask About Me. The prosecution also wanted to admit this video muted with certain sections of audio. 

The defense dissented, noting the prejudicial and inflammatory characteristics of the video such as a machine gun pointed at the camera, large blunts being smoked, and large wads of cash. Judge Kravitz decided to admit just the introduction to the video, then allowed the prosecution to add in still images of defendants Queen and Rezene pulled from the video. 

In Running Man, the prosecution sought to admit several still images of clothing, tattoos, and locations of different neighborhoods. The defense maintained their same objections, requesting that the prosecution remove prejudicial pieces from the images like wads of cash and firearms. Judge Kravitz admitted five still images, agreeing to redact the pieces of the images as requested by defense. 

In Smoke, Queen and Rezene rap together for the entire video, making references to their rap alliance called “Drop Squad.” The prosecution sought to admit still shots and clips from the video, arguing that some of the lyrics such as “You see an opp, he gets whacked,” implied a mode of retaliation. The defense maintained their same objections, and requested that items such as joints and middle fingers be redacted from the images. Judge Kravitz admitted three still shots and one video clip, agreeing with the defense to redact prejudicial signals. 

For War Now, the prosecution sought to admit the lyrics against Dubose and Rezene for reason of intent and motive for the shooting. One line in particular stated “Mob, Drop Squad, real money getters,” referring to their alliance. The defense strongly disagreed, saying that the title itself is suggestive of war and implies gang activity, which Judge Kravitz previously ruled cannot be discussed in trial. 

Additionally, the defense argued that there is an underlying problem with introducing any rap lyrics because it becomes highly prejudicial for the jury. Judge Kravitz admitted a short video clip, and fifteen different still images pulled from the video. He instructed the prosecution to redact all middle fingers, shushing motions, and wads of cash. 

The final video that the prosecution requested to admit into evidence was called King of the Jungle. The prosecution wanted to continue to establish the relationship between the co-defendants, to which the defense objected because all of the other videos did exactly that. Judge Kravitz admitted a section of the video with some audio, but redacted the rolling paper for joints, middle fingers, and cash shown in the clip. He also admitted two other clips that showed the location of the filming, and one final clip of Queen and Dubose, where they are seen embracing. 

The other section of the Drew Johnson motions about police obtaining evidence dealt with multiple incidents that occurred leading up to the shooting, specifically between TRU and KDY. The prosecution sought to admit five separate incidents into evidence. 

The first incident was when Dubose was jumped in jail by members of KDY in April of 2016, causing him to be carried out of the fight on a stretcher. The prosecution sought to admit this incident to demonstrate the deep seeded animosity between the groups, and they were looking to use it as evidence against all six defendants. Michael Bruckheim, Dubose’s attorney, objected, reasoning that the prosecution’s logic was purely speculation. Judge Kravitz ruled this incident admissible only against Dubose. 

The second incident that the prosecution sought to admit was in October of 2020 when Rezene was shot in his right leg. The prosecution believed that a member of KDY had shot Rezene, and wanted to admit this into evidence to further demonstrate the animosity between groups. Camille Wagner and Kevin Robertson, Rezene’s attorneys, objected, pointing to the speculation of the prosecution that Rezene somehow knew who shot him. Judge Kravitz initially ruled this inadmissible, however, the prosecution filed a supplemental proffer the next day, changing Kravitz’s mind and ruling the evidence admissible. 

The third incident took place in November of 2020, and Queen was shot in his chest. The prosecution sought to admit this because they believed it showed a motive to retaliate. Brian McDaniel, Queen’s attorney, objected, arguing that it was speculative, prejudicial, and not appropriate to admit. Judge Kravitz ruled it inadmissible, worried that the jury could infer bad things about multiple shootings between the two groups. 

The fourth incident was a shooting that took place on Aug. 17, 2021, and known KDY members allegedly were involved. The prosecution wanted to admit this as further evidence of animosity between groups, but the defense objected to admitting this incident, arguing that it exhibited unfair prejudice. Judge Kravitz agreed that it shows evidence of hostility, which can be a motive, but did not make a decision yet on this instance.  

The fifth and final incident was a rap battle between Dubose and another witness that took place on Instagram live on Aug. 31, 2021. The prosecution had no direct evidence of this feud, but they planned on bringing in Metropolitan Police Department (MPD) officers who watched it to testify. 

They sought to admit the sequence into evidence because they believed it would have contributed to the defendants thinking that KDY was responsible for other shootings in their neighborhood. The defense objected, arguing that the evidence was speculation and there was no direct evidence recovered from the Instagram search warrant. Ultimately, Judge Kravitz excluded this incident from the evidence because it required speculation. 

All parties are scheduled to reconvene on March 10.