Parties delivered closing arguments before a jury in DC Superior Court Judge Michael Ryan’s courtroom on May 21.
D’Andre Montgomery, 20, also known as Drizzy, is charged with conspiracy, premeditated first-degree murder while armed, felony murder while armed with aggravating circumstances, four counts of possession of a firearm during a crime of violence, attempt to commit robbery while armed, assault with intent to kill while armed, unauthorized use of a vehicle during a crime of violence, and carrying a pistol without a license outside a home or business for his alleged involvement in the fatal shooting of 28-year-old Kenneth Barksdale Jr. on Dec. 16, 2023 at the 1200 block of 44th Place, SE. Barksdale sustained multiple gunshot wounds to the abdomen and arms.
Kevin Hider, 20, and Eric Sheffield, 21, are also charged for their alleged involvement in Barksdale’s death but will face separate trials.
“What’s the price of a phone? What’s the price of a thunderbird? On Dec. 16, 2023, it was Kenneth Barksdale’s life,” a prosecutor asserted to the jury during closing arguments. The prosecution affirmed Barksdale didn’t know that would be his last day alive, stating he had taken his one-year-old child home to put him to bed when he realized he left his cellphone in his car.
“That one realization sent him on a collision path with that man [pointing to Montgomery] and his co-conspirators,” the prosecutor stated.
According to the prosecution, Montgomery was not only the driver “who drove the harm to Kenneth,” but also the first shooter when Barksdale confronted the group at his car. “The option to leave was three feet away,” the prosecutor said, highlighting surveillance footage that showed the suspect, believed to be Montgomery, left the driver door open in the suspected vehicle. “He chose to continue this,” the prosecution insisted.
“They heard him, they saw him, and decided what to do,” according to the prosecution. “If you know you’re up to no good on that day, you know you need to be ready [with guns],” the prosecutor said.
“D’Andre Montgomery didn’t play a minor role,” the prosecutor asserted, providing evidence of Montgomery, Hider and Sheffield allegedly stealing multiple cars in the days leading up to the murder, including the suspect vehicle, a Chevy Malibu.
The prosecutor emphasized Sheffield’s girlfriend’s testimony, in which she stated Sheffield would consistently text her whenever he was doing something with Hider and Montgomery. Sheffield sent a text minutes before the murder stating “they seen us checking cars.”
“Why the guns?” the prosecutor questioned, “how does this [the gun] help you get into a car?”
“He [Montgomery] knows he has a GPS on. He knows he’s in trouble. That’s why they shot,” the prosecution asserted. It is unclear what Montgomery was on release for.
“D’Andre Montgomery, Drizzy, is guilty,” the prosecution insisted.
Sylvia Smith, Montgomery’s attorney, claimed Montgomery didn’t have a gun and didn’t shoot anyone, adding he could not have foreseen what would happen while the group was checking cars.
Smith argued Montgomery did not intend to rob anyone, stating he didn’t know Barksdale was around the vehicle during the incident. Smith insinuated Montgomery acted in self-defense, stating Barksdale attacked Montgomery.
“He’s charged with crimes he didn’t do,” Smith claimed, adding Barksdale charged at Montgomery and everyone in the group reacted to protect him.
“They are misleading you,” Smith said about the prosecution, stating the prosecution originally claimed there were three total people in the car, but midway through trial they stated there were four.
She also argued the prosecution is refusing to provide all of the evidence they have for the incident. “If they’re withholding evidence, you cannot trust them,” she stated.
“D’Andre ended the confrontation,” Smith insisted, stating he did not intend to help anyone commit a crime and only did so in his own defense.
Smith claimed Barksdale was “shot as he was attacking D’Andre,” arguing it’s not normal for someone to run up in the dark saying “what’s up bruh,” without wanting to cause harm.
She urged the jury to evaluate the likelihood that Barksdale was the first aggressor, highlighting his history of aggressive behavior, claiming he had banged on a cop’s car window stating “I’ll f**k you up.”
“All D’Andre wanted to do was get his people and get the hell out of there,” Smith insisted. “Nothing about what happened that night is shown to be in furtherance of a conspiracy.”
“There is no question you have to doubt their case,” Smith told the jury, “You must find D’Andre Montgomery not guilty.”
“Montgomery doesn’t get to hide behind self-defense when he brought the danger to that neighborhood,” the prosecution rebutted. “He’s given you some options in ways to find him guilty.”
“In every single scenario, Montgomery is guilty of the murder,” the prosecutor said, adding their plans to check cars included “plan A: take the car, plan B: what happened to Mr. Barksdale.”
“That is why they killed him, he caught them redhanded,” the prosecutor declared.
She claimed Montgomery, Hider and Sheffield are “bold and indifferent to the harm they caused.”
“You are the collision course Montgomery never wanted,” she urged the jury to convict him of all charges.
Parties are set to reconvene when the jury reaches a verdict.
