DC Superior Court Judge Rainey Brandt found probable cause in a felony murder case based on a detective’s testimony on April 13. A felony murder charge results from a homicide iconnected to another serious felony.
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, and first-degree premeditated murder while armed, among other charges for their alleged involvement in the same incident.
Judge Brandt said a Metropolitan Police Department (MPD) detective’s testimony from the previous hearing on April 9 pointed to probable cause because it demonstrated Hider’s presence on the scene, intention to kill, and attempt to commit a robbery.
Judge Brandt said three different bullet casings found at the scene suggested Hider could have fired the murder weapon. She said security footage depicting the homicide clearly showed three weapons, including two pistols and a rifle, were in a car with the suspects.
Tracking data for the car the co-defendants drove to the scene, Montgomery’s GPS monitor data, and text messages from Sheffield to a woman detailing his whereabouts placed all three defendants in the vicinity of the crime scene, Judge Brandt said.
She said the co-defendants knew each other because court documents include photos of them together, and there is evidence they stole cars and items in cars. According to court documents, the co-defendants reportedly drove multiple stolen cars on the day of the incident, and police recovered a stolen gym bag from the scene.
She said she could infer Barksdale interrupted an attempted robbery because police likely found Montgomery’s DNA on Barksdale’s car door handle.
Judge Brandt said the prosecutors did not need to prove Hider intended to kill, and she preliminarily ruled there was enough evidence to suggest conspiracy.
Lisbeth Sapirstein, Hider’s defense attorney, requested his release with 24-hour GPS monitoring and home confinement. She told Judge Brandt he has family members that he could live with, and he could successfully comply with any conditions of release.
Prosecutors argued that Hider is a danger to the community due to the severity of charges, and if he were to be released he is likely to be associated with firearms and “riding around again.”
Judge Brandt denied Sapirstein’s request for release because she said prosecutors had proven there are no circumstances under which Hider would comply with release conditions.
The judge considered the nature of the offense, which she called a “callous murder,” the weight of the evidence, Hider’s criminal history, which included stealing vehicles and other possessions and threatening police officers, as well as the potential danger to the community when making her decision to detain the suspect.
Parties are slated to reconvene on May 29 before the case’s calendar judge, DC Superior Court Judge Danya Dayson.
