A defense attorney argued a homicide defendant’s presence at the scene does not suggest probable cause before DC Superior Court Judge Rainey Brandt on April 8.
Kevin Hider, 20, is charged with first-degree felony murder while armed for his alleged involvement in the fatal shooting of 28-year-old Kenneth Barksdale on Dec. 16, 2023, on the 1200 block of 44th Place, SE. Barksdale sustained a gunshot wound to his abdomen and arm.
Hider’s co-defendants, 21-year-old Eric Sheffield and 20-year-old D’Andre Montgomery, are charged with conspiracy, first-degree felony murder while armed with aggravating circumstances, first-degree premeditated murder while armed, attempt to commit robbery while armed, assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, unauthorized use of a vehicle during a crime of violence, and carrying a pistol outside a home or business for their alleged involvement in the same incident.
A Metropolitan Police Department (MPD) detective, who the prosecutors called to testify, said police recovered cartridge casings from the scene that matched cartridge casings found in the vehicle the suspects used. He said the vehicle, a 2023 Chevrolet Malibu, was reported stolen on Dec. 15, 2023.
The detective said GPS data placed the Malibu and Montgomery’s GPS ankle monitor at the location of the homicide when it occurred. He also said Sheffield’s DNA was allegedly found on the door handle of Barksdale’s vehicle.
Security footage from near Barksdale’s home played in court showed three individuals getting out of a car and Barksdale exiting his house and running toward his car. The video showed flashes consistent with gunshots before the individuals drove away.
The detective said police knew the three co-defendants are “associates” based on prior police encounters and photos depicting them together. A YouTube video played in court depicted Hider performing a rap song that referenced “Baby Drac,” which the detective said is a nickname for Montgomery because it is similar to his Instagram handle, “dbg_babydrac.”
He said a blue iPhone, determined to be Sheffield’s based on fingerprints and email accounts found on the phone, contained a text thread between Sheffield, “Drac,” “Tall,” and another individual. He said police linked the Instagram handle “dbgtall” to Hider.
According to court documents, security footage shows Sheffield, Montgomery, Hider, and another individual together at a restaurant in Maryland, on the day of the homicide, earlier in the day.
The prosecutor argued there was probable cause because evidence shows connections between Hider and his co-defendants and suggests he was at the scene of the homicide. He said the evidence was consistent with robbery and conspiracy.
Adam Harris, Hider’s attorney, said probable cause is an “amorphous” concept but is not based on association with other suspects, mere presence at the scene, or “hunches.” He said there is no indication of premeditation to murder or proof of robbery.
Judge Brandt said she did not immediately agree with the conspiracy argument but would review the evidence before ruling.
Parties are set to reconvene on April 13.
