DC Superior Court Judge Jason Park found probable cause in a homicide on July 10 even though some of the evidence appeared questionable.
Elijah Washington, 18, is charged with first-degree murder while armed for his alleged involvement in a fatal shooting that left 36-year-old David Washington dead on Sept. 15, 2024, on the 2300 block of Marion Barry Avenue, SE.
According to court documents, Elijah and another individual kicked down Washington’s apartment door and shot him six times before fleeing the crime scene.
During the hearing, the prosecution showed various exhibits, including door camera footage allegedly of the incident itself. Additionally, they displayed surveillance footage from earlier in the day of the crime, as well as Instagram photos from Elijah’s account, allegedly depicting the same shoes seen on the suspect during the incident.
The prosecution argued that Elijah identified himself in the surveillance footage from earlier in the day, and phone records showed a call less than two hours before the incident between Elijah and David, linking all of the evidence together for probable cause.
Additionally, the prosecution interviewed four witnesses from the night of the incident. Two were neighbors who couldn’t identify the shooters due to being in separate rooms while the shooting occurred. The third witness was a friend of Elijah’s and initially a potential suspect in the shooting.
The final witness was a relative of the defendant, who the prosecution acknowledged had a history of mental illness, but identified a person said to br Elijah in the surveillance footage.
Elijah’s attorney, Kevin Mosley, responded with questions regarding the legitimacy of the witnesses and the accuracy of their interviews with the detective.
Mosley focused on the third and fourth witnesses, stating how the third had previously been involved in a physical altercation with the victim, as well as being unwilling to cooperate with police. Most notably, Mosley pointed out that the fourth witness changed her story throughout the interview after being told of a monetary reward for her cooperation with law enforcement.
Mosley also stated that there was no evidence connecting Elijah to the firearm, his face was never seen, and the clothing worn was never found in the arrest warrant.
Given what he said was a weak case, Mosley asked Judge Park not to find probable cause.
Ultimately, Judge Park found probable cause, stating the totality of the evidence is questionable but not insubstantial.
Mosley then requested Elijah’s release to a mental health treatment facility, followed by community housing. Mosley argued that this offense was Elijah’s first conviction as an adult. Elijah had been doing relatively well and had picked up no further convictions between September, when the incident happened, and March, when he was arrested. Mosley argued that Elijah’s lack of convictions during this time period, in particular, shows he doesn’t pose a danger to the community.
The prosecution objected to Elijah’s release because it could endanger the community, and Judge Park agreed.
Parties are set to reconvene Sept. 19.
