Hundreds of social media posts were the focus of a multi-defendant conspiracy, carjacking case before DC Superior Court Judge Neal Kravitz on Oct. 21 and 22.
Irshaad Ellis-Bey, 20, Isaiah Flowers, 20, Taj Giles, 20, Bryon Gillum, 20, Jahkai Goff, 21, Jaelen Jordan, 20, and Warren Montgomery, 20, are charged with conspiracy, trafficking stolen property, two counts of armed carjacking, two counts of unauthorized use of a vehicle, four counts of possession of a firearm during a crime of violence, and two counts of robbery while armed. These charges stem from the co-defendants alleged involvement in a series of armed carjackings and fencing the stolen vehicles between February and May of 2023.
One of the carjackings occurred on Feb. 27, 2023 at the intersection of 20th Street and Sunderland Place, NW. Another at the intersection of K and 8th Street, NE, on April 27, 2023.
Additionally, Ellis-Bey, Flowers, Giles, Gillum, Goff, and Jordan are charged with two additional counts of unauthorized use of a vehicle, two counts of possession of a firearm during a crime of violence, armed carjacking of a senior citizen, receiving stolen property of $1000 or more, and robbery of a senior citizen while armed. These charges stem from their alleged involvement in a carjacking that occurred on the 600 block of Butternut Street, NW, on May 16, 2023.
Prosecutors stated their intention to enter 411 posts from the defendants’ Instagram accounts, would including messages, photos, videos, and audio recordings. They also stated that 100 are gun related.
However, Judge Kravitz emphasized, “this is not going to be a trial about guns. This is a trial about carjackings.”
Further he said, “I will not let the prosecution flood the jury with evidence that sends the message that this is a group of thugs who smoke weed and play with guns.”
Lisbeth Sapirstein, the attorney for Ellis-Bey, also voiced concerns over the possible prejudicial nature of the photos that are said to depict the defendants holding guns, smoking marijuana and holding large amounts of cash.
Judge Kravitz stated that he will allow a few pictures of firearms to be entered as limited evidence only if the prosecution can establish a strong temporal relationship between the photos and the alleged conspiracy.
Further evidence from Instagram consists of a group chat, labelled Fent Colony, which the defendants allegedly used to discuss criminal activity. The section was from Feb. 27, 2023, and involved the men allegedly discussing the theft of a Porsche Cayenne from the Dupont Circle area.
Multiple attorneys from the defense, objected to the material as hearsay or were not relevant.
The prosecution argued that the inclusion of these chats is necessary to prove the the defendant’s close relationships.
Prosecutors cited Laumer v. US, stating that since the men were making statements against their own penal interests –risking criminal liability –they can be excepted from the hearsay rule. Judge Kravitz disagreed, and said that since they were not in custody nor knew that these statements would be used in court, that precedent does not apply.
Judge Kravitz asked for cooperation among all parties when negotiating which parts of the group chat will be shown to the jury. He stated they cannot object to all of the messages being entered, nor can the prosecution admit everything into evidence.
Parties reconvened on Oct. 22 to further discuss motions.
In total, eleven objections to the exhibits from Instagram were raised by every defendant except Montgomery, who is not mentioned. The defense wants to redact chats among defendants and block the use of photos where the prosecution stated they are holding guns or drugs, as well as a video where two defendants are said to be in a stolen vehicle.
Additionally, the prosecution’s exhibits include a picture of Gillum’s report card from Charles Herbert Flowers High School in addition to a “No Pass Policy” that he was put on– which stems from students’ continuous failure to appear in school.
Gillum shared this information on his Instagram story with the caption, “man they put me on the no pass policy.” The prosecution explained that by eliciting this into evidence, they can use it to associate Gillum with the account he was using.
Prosecutors stated that they still have between 35 and 40 objections to sort out before the court, which has pushed back jury selection to Oct. 27.
Trial is set to reconvene on Oct. 23.
