Lawyers for a trio of defendants accused in a high-profile murder case aggressively questioned the lead detective about apparent inconsistencies in the evidence before DC Superior Court Judge Danya Dayson in a Dec.16 detention hearing.
Naqwan Lucas, 19, 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 their 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. The shooting also 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 court documents, Kelley was Naqwan’s girlfriend. He was arrested on Oct. 29 in Maryland, while his co-defendants were arrested in September.
Kevann Gardner, Thomas’ attorney, detailed what he claimed were inaccuracies in the 66 page police affidavit defended by the lead detective in the investigation.
The detective who said he was the “quarterback of the evidence” struggled at times to respond to Gardner’s questions. Gardner asked the detective if he found any “forensic” evidence from Thomas that police could test. The officer did not.
While the report says there were 30 shell casings found, but only for a .9 mm and .223mm weapons,Gardner raised the possibility there may have been three weapons involved.
The detective said a microscopic exam had not been conducted but an outside expert said there was evidence of three guns.
As for the fatal wound, the detective admitted he didn’t know the order or whether the victim was turned around or in what position he was facing the shooter.
Gardner was also critical about how the 79 cartridge casings at the scene were collected, suggesting they could have been contaminated with other DNA, or weren’t “sterile.”.
“You say the best way to collect them is sterile?” “That’s what you said in your report,” said Gardner.
The detective said he didn’t know if sterile collection was the best method. Although detectable DNA doesn’t always have to come from a perfectly clean sample, it is preferred.
Gardner’s inquisition continued regarding a witness statement that there was a lone gunman.
“That was incorrect,” said the detective.
The detective also struggled to recall the personnel involved in the investigation from other agencies.
“You have me confused,” said the officer.
Gardner was particularly critical of a procedure to identify Thomas by a special police officer who was initially presented with an image of Thomas, then advised to search for a match at a specific location in surveillance footage.
“When he identified Thomas was a picture sitting in front of him?” asked Gardner.
The detective said he didn’t know.
Terrence Austin, Jailen Lucas’ attorney, suggested the crime resulted from gang rivalry. Austin said a witness claimed that Thomas was involved in a crew that had beef with other neighborhood groups that may have been involved in the shooting.
Austin saida witness at a bus stop who was wounded in the shooting said he saw possible assailants on bikes and in a car raising a possible self-defense claim.
He also said a black Acura said to be used in the attack was located in Prince George’s County, but didn’t contain any of Lucas’ fingerprints.
The detective said GPS cell data put Lucas near the site of the shooting, but no text messages were recovered. In terms of identification,he said the shooters were wearing black pants. One had Jordan 1 tennis shoes. Further, he said Lucas had a distinctive tattoo on his left forearm.
“We have so much video, it’s unbelieveable,” said the detective.
In closing, Steven Kiersh, Naqwan Lewis’ attorney said, there’s no DNA evidence, no fingerprints, no ballistics or cell site data. “What this case is based on is identification…All we are left with is biased witnesses making identification,” he said.
Arguing for release to home confinement, Gardner said that Thomas has a strong support system and helps his three younger siblings and his mom. Further, he received the highest grades while incarcerated at the Youth Services Center (YSC).
Austin maintained his client has done nothing that suggests a crime of violence, and that the case against him is circumstantial based on misidentification.
In contrast, the prosecution argued for continued detention saying, “an innocent bystander lost his life in downtown DC.” He noted that probable cause had already been found, and claimed the identification of the defendants was solid.
In finding for detention, Judge Dayson said the prosecution had made its case and the crime “ended in one person’s loss of life…and frankly putting quite a few people at risk.”
The next hearing in the case is scheduled for April 10.
