The prosecution alleged that a homicide defendant was not being honest about the extent of his injuries during a hearing before DC Superior Court Judge Neal Kravitz on Aug. 8.
Tommy Whack, 35, is charged with first-degree premeditated murder while armed and robbery for his alleged involvement in the fatal stabbing of Fasil Teklemariam, 53, on April 5, 2024, on the 1300 block of Peabody Street, NW.
Whack appeared at the hearing in a wheelchair.
The prosecution asserted that Whack’s injuries are a “ruse” because DC Jail staff members have seen Whack walking around and playing basketball at the jail.
Prosecutors also informed Judge Kravitz that Whack claimed he was injured by DC Jail staff after he was caught bringing fentanyl into the jail. According to prosecutors, during visitation at the jail, Whack was allegedly seen hugging a visitor and, in the process, exchanging up to 300 fentanyl pills. DC Jail staff seized the pills from Whack, and it was during this encounter that he alleged he sustained injuries.
Prosecutors added that Whack has been non-compliant with many of the court and jail staff’s orders.
For example, prosecutors said Whack previously refused to take a mouth swab to obtain DNA. The prosecution contacted the Department of Forensic Sciences (DFS) and planned to have staff members swab Whack after the hearing.
Additionally, prosecutors said they received a report of a social media post made by Whack from the jail with the caption,“This is the lady trying to frame me, her name is [prosecutors name].”
Whack’s defense attorney, Kevin O’Sullivan, argued that the defendant dosn’t have the technology to access social media from the jail and that if the post came from Whack’s account he was more than likely hacked.
Judge Kravitz said “Whoever made this post, it is utterly inappropriate. If I was [prosecutor’s name] I’d consider this threatening” and ordered Whack to not make any threatening messages.
O’Sullivan also argued that the DC Department of Corrections (DOC) hasn’t properly tended to Whack’s injuries.
According to O’Sullivan, during Whack’s last visit to George Washington Hospital, the staff ordered Whack to come back for neurological testing. Despite this, the jail transported Whack to his appointment two to three hours late so he missed the appointment.
O’Sullivan also stated that the DOC failed to transport Whack to any of his legal appointments and therefore O’Sullivan has not seen his client since the last hearing. Additionally, O’Sullivan claimed the jail refused to provide assistance for Whack to shower which caused a variety of infections and health issues.
Judge Kravitz stated that he will not order the DOC to do anything unless a representative is present to speak on their behalf.
Parties are set to reconvene Sept. 12.
