DC Superior Court Judge Danya Dayson denied a motion to sever charges in a murder case in a hearing on March 30.
D’Andre Montgomery, 20, is charged with conspiracy, first-degree premeditated murder while armed, felony murder with aggravating circumstances, assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, attempt to commit robbery while armed, unauthorized use of a vehicle during a crime of violence, and carrying a pistol without a license outside a home or place of business.
These counts stem from his alleged involvement in the fatal shooting of 28-year-old Kenneth Barksdale Jr. on the 1200 block of 44th Place, SE, on Dec. 16, 2023.
Kevin Hider, 20, and Eric Sheffield, 21, also face charges for their alleged involvement in the same incident.
Charlotte Gilliland and Sylvia Smith, Montgomery’s attorneys, filed a motion on March 6 to sever his charges because they argue the offenses were aimed at two separate targets. They wanted to sever conspiracy and unauthorized use of a motor vehicle because they aren’t related to the homicide incident.
Judge Dayson denied the motion to sever because “they [Montgomery and codefendants] were carrying out the same thefts they had been, when someone interrupted them, and that was why they murdered him.”
Another defense motion, also filed on March 6, asked to prohibit witnesses from narrating or interpreting videos during their testimonies.
Prosecutors told Judge Dayson that their witnesses would not be narrating the surveillance video, rather, they would be explaining the actions that officers took after the video.
Judge Dayson did not make a clear ruling during the hearing but according to court records, parties decided to resolve the issue as necessary during the trial.
In the same defense motion, they stated that prosecutors also wanted to share Montgomery’s social media as a form of identification because some witnesses reportedly know him from previous interactions and his social media.
Judge Dayson said she would allow the social media to be used as evidence, but not in the presence of the jury, due to possible prejudice against Montgomery.
Smith argued that the prosecutors shouldn’t be able to use Montgomery’s GPS and previous probation time as evidence in court because it would be “more prejudicial than probative.”
Prosecutors said that they would only use the GPS data to show his location in relation with the robberies, they would not be using his probation as evidence.
Smith requested that they don’t use the word “GPS” and rather they use the words “location information” when referring to Montgomery’s whereabouts.
Judge Dayson will allow his GPS to be used as evidence because it will show his whereabouts in accordance with the robberies, but ruled that prosecutors could not say why he was on probation.
Parties are slated to reconvene on April 3 for more motions arguments.
