Judge Quashes Some Prosecution Evidence in Triple-Homicide Trial

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More than three weeks after a jury trial was slated to begin, the final motions for a six co-defendant homicide case were decided by DC Superior Court Judge Neal Kravitz on March 17, giving the defense a partial victory on constitutional grounds.

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 alleged 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 gave one additional count of first-degree murder while armed with aggravating circumstances, and Johnson-Lee has two more counts on the same charge. Dubose, Queen, and Thompson also each have an additional charge of one or 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 defense’s motion to suppress the evidence found from the search warrant for Thompson’s Instagram account was sustained by Judge Kravitz, ruling that the search violated the Fourth Amendment protection against illegal search and seizure. The defense then pushed to suppress the T-Mobile phone records, as the records were found through the now invalid Instagram warrant information. 

Judge Kravitz applied the “inevitable discovery doctrine,” which is the exception to illegally obtained evidence. He reasoned that the T-Mobile records would have likely been obtained if law enforcement had continued their search separate from the Instagram account. 

Similarly, the defense filed a motion to suppress evidence obtained through a search of Thompson’s home. Thompson’s defense attorney, Elizabeth Weller, argued that the probe was tainted by the poisonous fruits of the Instagram warrant, making it unlawfully obtained evidence. 

Kravitz disagreed, saying that prosecutors presented significant evidence Thompson was a suspect, and the motion to suppress obtained from the home search was denied. 

Finally, the prosecution sought to admit evidence obtained in a search warrant for Rezene’s Instagram account that was conducted in relation to another one of his cases. Rezene’s defense objected, saying that this evidence was disclosed far too late into the process and the defense received no prior notice of introduction from the prosecution.

Judge Kravitz is allowing the prosecution to admit this into evidence, but also allowing Rezene’s counsel to challenge it on Fourth Amendment grounds. The prosecution has until 5 p. m. on March 17 to decide if they want to follow through with this evidence, risking a further delay in jury selection while additional oral arguments are conducted. 

Jury selection is scheduled to begin on March 19.