The prosecution dismissed a homicide case after five days of a jury trial because of missing evidence before DC Superior Court Judge Jason Park on June 1.
Joshua Allen, 36, was charged with premeditated first-degree murder while armed, assault with intent to kill while armed, aggravated assault knowingly while armed, three counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior crime of violence, and carrying a pistol without a license outside of a home or business. The charges stemmed from Allen’s alleged involvement in the fatal shooting of 28-year-old Delonte Johnson and injuries to a surviving victim on June 11, 2021 on 4600 block of Hillside Road, SE.
In addition, Allen was charged with four counts of obstruction of justice for allegedly contacting a witness and reportedly asking the individual to provide false testimony.
At the hearing, which was scheduled as the sixth day of Allen’s jury trial, Judge Park confirmed that he “received a communication” the night before from the prosecution indicating their intent to dismiss the charges. A supervisor from the United States Attorney’s Office (USAO) explained that a video of the shooting from an “other angle” was missing and they “can’t go through with” the case.
Judge Park asked the USAO official which charges should be dropped to which he responded all. “All?” Judge Park asked, and the supervisor clarified it was all charges.
Judge Park granted the USAO’s request to dismiss all 12 charges against Allen with prejudice, meaning the prosecutors are unable to refile the charges.
The judge indicated that he would dismiss the jurors and no further dates were set.
