A defense attorney asked DC Superior Court Judge Danya Dayson to “admonish” DC’s United States Attorney Jeanine Pirro for statements during a press conference that he labeled as “bullying” on Nov 7.
Naqwan Lucas, 18, his brother Jailen Lucas, 17, and Kelvin Thomas, 17, are charged with conspiracy, first-degree premeditated murder while armed in a drive-by or random shooting, four counts of assault with intent to kill while armed, three counts of aggravated assault knowingly while armed, assault with a dangerous weapon, and nine counts of possession of a firearm during a crime of violence, for his alleged involvement in the fatal shooting of a House of Representatives intern, 21-year-old Eric Tarpinian-Jachym.
The incident occurred on June 30 on the 1200 block of 7th Street, NW, and injured a woman and a 16-year-old boy.
Naqwan is also charged with first-degree premeditated murder, possession of a firearm during a crime of violence, obstruction of justice, tampering with physical evidence, destruction of property, and second-degree theft for his alleged involvement in the death of 17-year-old Zoey Kelley on July 4 on the 1700 block of Benning Road, NE.
According to the USAO, Kelley was Naqwan’s girlfriend. He was arrested on Oct. 29 in Maryland, while his co-defendants were arrested in September.
Before discussing motions regarding evidence, Thomas’ defense attorney, Kevann Gardner, said he wanted Judge Dayson to address statements made by DC US Attorney Jeanine Pirro during a press conference on Oct. 30 announcing Naqwan’s arrest.
Gardner said that during the press conference, Pirro repeatedly referred to the defendants as “punks.” He said this “name-calling” showed a “lack of professionalism” from the USAO.
“It appears to almost be bullying,” he said.
Gardner also asked Judge Dayson to admonish the prosecution because Pirro said that the defendants were “known to the juvenile court.” He said that this is unlawful, since juvenile records are confidential under DC code.
“They clearly ignored the rules,” he argued.
The prosecution said that Pirro mentioned previous contact with the criminal justice system. Judge Dayson quickly corrected them, saying the statements were about the delinquency system rather than the criminal justice system, which is for adult defendants.
Judge Dayson called out the unlawful statements.
“One is subject to statutory confidentiality rules,” she said.
According to court records, Gardner also filed a motion to compel prosecution to send them the name and contact information of a witness who was close by at the time of the shooting.
The prosecution argued that they are not obligated to share that information with the defense and said that it would cause safety concerns among broader considerations.
“It can have a chilling effect on how we prosecute cases in Washington, DC,” the prosecutor said.
However, Gardner argued that the witness has made conflicting statements about the events leading up to the incident, so he wants to question the witness himself. He also said that the witness may have information crucial to the defense, namely whether or not one of the surviving victims had a gun at the time.
“It’s no coincidence that his story gets better and better for the government each time he meets with him,” Gardner said.
Terrence Austin, Jailen Lucas’ attorney, joined the motion, saying that disclosure of the witness’ information cannot be based on safety concerns, because safety will always be a concern.
Judge Dayson said that while this information is not required, inconsistencies in the witness’ story may make it necessary for the defense to have the information eventually. She denied the motion, but told the prosecution to anticipate disclosing the information closer to trial with a strict protective order.
Parties set the trial for February 2027.
Additionally, parties for Naqwan’s case in Kelley’s death set the trial for November 2026.
Parties are slated to reconvene on Dec. 16.
