DC Superior Court Judge Jason Park postponed a scheduled jury trial after tabling several motions on Oct. 3.
Jerome Dukes, 34, and Justin Borum, 36, are charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior crime of violence for their alleged involvement in the fatal shooting of 21-year-old Jayvon Jones on Feb. 21, 2023. The incident occurred on the 1400 block of Saratoga Avenue, NE.
Defense attorneys Brandi Harden and Stephen LoGerfo began the hearing by requesting discovery of evidence tied to a witness, whom both parties identified as a central in determining probable cause for the prosecution.
Harden said the defense had not yet received records connected to a summons issued for the witness on Sept. 25, including documents concerning the witness’ criminal history which could lead to filing a false statement charge.
The prosecution responded that they had not been aware of the defense’s specific request but confirmed that the witness’ criminal history had been investigated. They said some records from Baltimore authorities have been difficult to obtain because of lost data following an office relocation in 2011 and issues with an electronic database.
Judge Park agreed that the defense is entitled to investigate the witness’ background, describing the witness as “really important” to the prosecution’s case and instructing the prosecution to conduct further inquiry.
“We need to get to the bottom of this,” the judge said.
At Harden’s request, Judge Park granted a continuance to allow time for the prosecution to locate the missing materials and for the defense to prepare its cross-examination of the witness. The judge also canceled the empaneling the jury set to convene Monday.
The hearing then shifted to other pending motions, including to suppress statements involving another prosecution witness. The court discussed scheduling the witness’ testimony for later in the week and directed the prosecution to confirm his availability.
The judge also tabled several motions, including issues related to the key witness’ credibility, a cell phone search warrant, and a video in which the witness allegedly discussed “taking guns.”
The court said it would revisit those matters after reviewing the relevant footage and documents.
The defense additionally sought body-worn camera footage and social media evidence referenced by the prosecution, but the judge declined to order turning the information over to the defense after learning the prosecution did not have access to those materials.
Before adjourning, the court granted the prosecution’s motion to quash a subpoena the defense had issued to the Metropolitan Police Department (MPD) for evidence, finding that prosecutors were making good-faith efforts to fulfill discovery obligations.
The parties are expected to reconvene Oct. 6.
