DC Superior Court Judge Rainey Brandt denied a defense attorney’s motion for judgement of acquittal on March 31, arguing there is more than enough evidence for a reasonable jury to find her guilty.
Nakita Walker, 46, is on trial for three counts of second-degree murder, fleeing a law enforcement officer, and assault with a dangerous weapon for her alleged involvement in a fatal car crash, which killed Mohamed Kamara, 43, Jonathan Cabrera Mendez, 23, and Olvin Josue Torres Velasquez, 22. The incident occurred on Rock Creek Parkway, NW, on March 15, 2023.
Walker’s attorney, Albert Amissah, called an Emergency Medical Technician (EMT) to testify. The EMT told Amissah he assisted in treating Walker at the scene. According to the EMT, Walker had an “altered mental state,” after the accident. “She was in pain,” he said. He testified Walker’s behavior could have been a result of a head injury from the crash. He said he didn’t smell any alcohol on Walker.
On cross-examination, the EMT confirmed the language in the accident report, which specifies Walker was able to speak to EMS but was “clearly intoxicated.”
On re-direct, the EMT stated his partner filed out the detailed incident report. He reiterated that he can’t say whether Walker’s altered mental state was because of alcohol intoxication or because of a head injury from the crash. “Both exhibit similar symptoms,” he said, and he didn’t see Walker drinking or look to see if there was any alcohol in her car because that’s not his responsibility.
After dismissing the jury, parties discussed Amissah’s motion for judgment of acquittal.
“No reasonable jury would find [Walker] guilty,” Amissah asserted. He claimed there was no malice in her actions. According to Amissah, Walker was avoiding pedestrians, swerving, and even slowing down, indicating she was “exercising some type of caution.”
Amissah further explained there were mitigating factors. For example, Walker was trying to rush home to get to her young son, who she claimed was left alone by her child’s father. In addition, Amissah said there was an exchange in the car with Walker’s boyfriend at the time which took her attention off the road, and her boyfriend allegedly had a gun.
This was an accident, Amissah said, but it’s not second-degree murder. He claimed Walker was not reckless. For the assault with a dangerous weapon charge, Amissah contended Walker’s ex-boyfriend was the direct cause of the accident after inciting an argument with her.
In response, the prosecutor said this is “one of the most clear cut cases” of second-degree murder she’s ever seen. She said there is no place in DC where driving 100 miles per hour is appropriate, showing recklessness. Speeding, driving under the influence, and fleeing a police officer are all conscious disregard for safety, the prosecutor insisted.
Walker was slowing down to 70 miles per hour, more than twice the speed limit, the prosecutor said. Also, she argued the evidence doesn’t show that the ex-boyfriend had a gun.
The prosecutor asked the court to deny the motion.
According to Amissah, no one saw Walker drinking. No one can testify to her blood alcohol content at the time of the accident, only afterwards. “All you have is an assumption” that she was intoxicated at the time, he said.
Amissah added, no one testified to smelling alcohol on Walker, seeing dilated eyes, or hearing slurred speech. He emphasized data from the crash expert shows Walker slowed down before the accident, showing she was trying to avoid it.
Judge Brandt denied the motion to dismiss. She stated that testimony from multiple witnesses was more than enough for a reasonable jury to find Walker guilty. According to Judge Brandt, Walker’s toxicology report shows her blood alcohol content was .10, over two times the legal limit.
For the assault with a dangerous weapon charge, the testimony from Walker’s ex-boyfriend is enough for a reasonable jury to find guilt, said Judge Brandt. According to the judge, he testified that wearing a seatbelt saved his life and reduced the injuries he sustained from the car crash.
It doesn’t matter if Walker was trying to break or slow down because it was “clearly too little, too late,” said Judge Brandt.
For the charge of fleeing a law enforcement officer, Judge Brandt referenced surveillance footage of Walker being signaled down by the officer, pulling over, and then side swiping the officer while driving away.
Parties are slated to reconvene on April 1.
