Parties argued over two defense motions to suppress evidence in a fatal child’sshooting before DC Superior Court Judge Neal Kravitz on July 14.
JD Wheeler, 26, is charged with second-degree murder, first-degree cruelty to children, second-degree cruelty to children, carrying a pistol without a license, possession of an unregistered firearm, unlawful possession of ammunition, tampering with physical evidence and contempt of court, all committed while on release in another matter. The charges stem from his alleged involvement in the fatal shooting of his son, 23-month-old Legend Wheeler, on the 2300 block of Chester Street, SE, on Nov. 24, 2021.
Wheeler’s defense attorneys, Slyvia Smith and Erin Griffard, previously filed a motion to suppress information gathered from a search warrant to access Wheeler’s Instagram account.
A detective from the Metropolitan Police Department (MPD) used the warrant to recover screen recordings from Wheeler’s Instagram story, posted hours before the incident. The material showed Wheeler flashing an extended magazine tucked in his waistband. The detective determined that the magazine was part of a nine-millimeter pistol consistent with the bullet recovered from the ceiling of Wheeler’s apartment, where the shooting occurred.
The prosecution said they have 200-300 images and videos of Wheeler with a firearm, and direct message conversations with another individual about purchasing a firearm illegally, and later discarding it. They plan to use this evidence to show that the defendant carried firearms around children in his home.
The defense argued that none of this evidence should be used in the trial because the warrant used to obtain it was too broad. They argued the warrant violated Wheeler’s privacy, noting the prosecution obtained 55,000 pages of information relating to Wheeler’s two-year Iinstagram history.
The prosecution said they never intended to gather this much information, but Meta, Instagram’s parent company, sends them all the available information relating to an account, regardless of what they request. The prosecution said they only accessed information relating to the warrant and the case.
Judge Kravitz said he would rule on the motion at a later date.
The defense filed a second motion to suppress statements Wheeler made in a phone call to an MPD detective about his possession of a gun while on release. The motion argued the detective violated Wheeler’s Sixth Amendment right to be fully informed of accusations against him.
The prosecution said the detective never asked Wheeler any questions regarding the gun, his release conditions or his previous case. They argued Wheeler gave this information to the officer unprompted and willingly.
Judge Kravitz agreed with the prosecution and denied the defense’s motion to suppress Wheeler’s statements.
Parties are slated to reconvene July 15.
