DC Superior Court Judge Andrea Hertzfeld heard contrasting views and testimony from the victim in an armed carjacking case on Oct. 28.
Marcus Tucker, 30, is charged with armed carjacking, possession of a firearm during a crime of violence or dangerous offense, robbery while armed, and assault with a dangerous weapon. The charges stem from Tucker’s alleged involvement in the armed carjacking of a victim at the intersection of 30th and Hartford Streets, SE, on April 17.
Prosecutors allege that Tucker was one of two men who held the victim at gunpoint, robbing him of his phone, money, and car before fleeing the scene. Defense attorneys Laura Roman and Jason Tulley contend that Tucker was misidentified and had no involvement in the crime.
“Don’t move, give me that sh**,” prosecutors claimed Tucker told the victim moments before being robbed. According to the prosecution, the victim was standing outside with friends when two men approached him, one masked and one unmasked, pointed guns at his head and chest, and demanded his belongings.
The attackers allegedly took the victim’s phone, wallet, and car keys before driving off in his vehicle and another black Kia parked nearby. Investigators later identified Tucker as the owner of the Kia.
Prosecutors said that the victim used a friend’s phone to contact police and track his stolen iPhone through the “Find My iPhone” feature, which eventually led officers to Tucker. Police detained him after the victim confirmed that Tucker matched the description of the unmasked gunman—specifically noting his “all white clothing” and black jacket.
Investigators reported finding the victim’s personal items, including his Social Security card, driver’s license, and credit cards, inside Tucker’s vehicle. Prosecutors also stated that Tucker’s phone records placed him near the crime scene around the time of the incident.
The prosecution warned jurors that the defense might focus on the victim’s prior criminal cases but argued that the evidence, including cell-site data, recovered belongings, and police body-camera footage, would corroborate the victim’s account.
Defense attorneys Roman and Tulley maintained that Tucker was not involved in the carjacking or robbery, arguing that another individual had borrowed his vehicle that night. They emphasized that no forensic evidence, such as fingerprints, DNA, or surveillance footage, links Tucker to the crime.
Roman and Tulley argued that the victim’s identification of Tucker was unreliable, claiming that he had been drinking earlier that evening and had changed his description of the suspects multiple times. Initially, the victim told police both gunmen wore all black, but later said they were dressed in white, blue, grey, and black.
Roman and Tulley also presented a photo of another man whom the victim allegedly identified at one point as the assailant. This man, the defense noted, has no tattoos and different facial features from Tucker. They argued that police procedures may have influenced the victim’s identification, since he was shown only Tucker, surrounded by police, when he confirmed that Tucker was the gunman.
The defense further questioned the police investigation, noting that the lead detective had not reviewed all available video evidence and asserting that the cell-site data contradicts the prosecution’s timeline, showing Tucker’s phone connecting to a different cell tower than the one nearest the crime scene.
Following opening statements, prosecutors called on the victim to testify.
According to the victim, earlier on April 17, he was briefly detained by police for possessing an open container of tequila. Video shown to the jury depicted his arrest and subsequent release at a nearby station, where he was issued a citation. The victim said he was not charged and later met friends and relatives that evening.
The victim stated that while talking with a cousin near his parked car, two men rushed him with guns. He described one man as masked and the other, whom he identified in court as Tucker, as unmasked. According to the victim, the robbers took his wallet, keys, and phone before fleeing in two vehicles.
After the incident, the victim used his cousin’s phone to call 911, telling police that both assailants were Black, dressed in black and armed with black pistols. Police body-camera footage and subsequent recordings show the victim giving height and build estimates for the suspects.
He testified he later tracked his stolen phone using “Find My iPhone” and relayed its location to detectives. A detective contacted him with a description of Tucker, and the victim confirmed that it matched the unmasked gunman before visually seeing him. A video played in court showed the victim in a police vehicle identifying Tucker from a distance and saying he was “100% confident” in his identification.
Prosecutors noted that the victim was not wearing his glasses during the carjacking but said he did not need them to recognize the suspect.
Before beginning the jury selection process, parties discussed the suppression of cellphone evidence for a witness. Defense attorneys Tulley and Roman requested that a photo of a cellphone’s location, which was a screenshot of an iPhone’s location, be adjusted so only the exact pinpointed location was shown, and not a broader circle that accounted for location error.
“I’m not going to alter evidence at the defense’s request,” Judge Hertzfeld said.
The parties are slated to reconvene on Oct. 29.
