DC Superior Court Judge Danya Dayson found probable cause at a preliminary hearing on Feb. 23 that a homicide defendant committed second-degree murder while armed.
Shawn Conway, 50, is charged with second-degree murder while armed for his alleged involvement in a fatal stabbing of Jermaine Foster, 34, on the 2000 block of 14th Street, NW on Sept. 12, 2025.
According to court documents, officers responded to reports of a large fight and located Foster, suffering from multiple stab wounds to the chest. Foster sustained six stab wounds, including one to the heart, and was later pronounced dead at a local hospital. Two additional individuals involved in the fight sustained non-fatal injuries.
At a prior hearing on Feb. 18, prosecutors called the Metropolitan Police Department (MPD) lead detective assigned to the case and parties presented arguments regarding probable cause.
In delivering her ruling, Judge Dayson stated that the elements of the offense were supported by the evidence presented. She said a reasonable inference could be made from video footage that the suspect possessed a knife prior to the stabbing and continued the assault even after being physically restrained by another person.
Judge Dayson found probable cause to infer an intent to kill, noting that the nature and continuation of the stabbing demonstrated at least a conscious understanding that serious harm would result.
Addressing self-defense, Judge Dayson said the video did not show that anyone else was armed or that there was a clear and present danger requiring a lethal response. She stated the evidence did not support a claim that Conway acted in response to an immediate serious threat.
Judge Dayson also referenced the video evidence, noting that the individual depicted making stabbing motions was wearing a gray sweatshirt and light-colored jeans. She stated that MPD surveillance footage showed the suspect entering and later exiting the driver’s seat of a silver Chevy Cruze in the 2000 block of 14th Street, NW, which is registered to Conway. The clothing and physical build of that individual were consistent with the suspect shown in the Instagram video.
Although the primary witness did not initially identify the suspect by name or specify who drove the Chevy Cruze identified in footage as the suspect vehicle, the witness described clothing consistent with the individual depicted in the video. Judge Dayson acknowledged the description —a gray sweatshirt and light-colored jeans— was general, but stated there was no other individual in the footage matching that description.
Judge Dayson addressed ,Rachel Cicurel, Conway’s attorney’s argument that cell phone data showed Conway was on his phone at the time of the incident. The data showed Conway’s phone communicating with cellular towers in the area of the homicide. Judge Dayson stated that this information did not defeat probable cause when considered alongside the video evidence, witness statements, and vehicle evidence.
Following the ruling, the prosecution requested Conway remain held, citing the nature of the offense, the downtown location, allegations that he fled the scene, and that he was on supervised release for a prior violent offense at the time.
Cicurel, requested release to 24-hour home confinement with GPS monitoring. Cicurel argued the probable cause finding was close, noting Judge Dayson took time to consider her ruling. She stated that the description of the suspect’s clothing was vague and that neither Conway nor the suspect vehicle was clearly visible in the footage.
According to Cicurel, Conway was employed at Amazon, connected with a mental health provider, and had no other reported violations of his supervised release.
Judge Dayson denied the request for release and ordered Conway remain held. She cited the seriousness of the offense and noted that one surviving victim described attempting to restrain the suspect, giving him an opportunity to stop the assault. She stated that the continuation of the stabbing weighed against any argument that the incident occurred in the heat of passion.
Additionally, Judge Dayson referenced Conway’s criminal history, including a prior violation of a civil protection order and multiple assault convictions. She noted he was placed on supervised release only months before the alleged offense.
Parties are slated to reconvene on May 29.
