In a hearing before DC Superior Court Judge Rainey Brandt on June 5, prosecuting attorneys announced their intention to retry a homicide defendant after the previous trial ended in a mistrial.
Cotey Wynn, 44, is charged with first-degree premeditated murder while armed, three counts of assault with intent to kill while armed, and four counts of possession of a firearm during a crime of violence for his alleged involvement in a massing shooting, which resulted in the death of Blake Bozeman, 31, and injured three others. The shooting occurred at CRU Lounge, on the 1300 block of H Street, NE on Sept. 23, 2023.
According to prosecutors, Wynn allegedly aided and abetted the shooter by facilitating his entry into the club with the firearm.
Wynn appeared at the hearing alongside the alleged shooter, 44-year-old Frank Johnson, who is charged with first-degree murder. Johnson and Wynn are not co-defendants yet, per a previous ruling issued by Judge Brandt. Johnson is currently awaiting his indictment, which prosecutors said they expect to issue by the end of this calendar year.
Brian McDaniel, Wynn’s attorney, asserted that the defendant is in “the same posture” as his initial trial date. McDaniel established that Wynn’s speedy trial rights were invoked at the onset of the original trial, and he argued that he should have a trial “sooner.” According to McDaniel, having a later trial “materially affects” Wynn’s right to a speedy trial, especially in the case of a mistrial.
McDaniel requested for trial this year. Both Judge Brandt and prosecuting attorneys could not accommodate a 2026 trial date. Judge Brandt encouraged both parties to consider the reasons that the previous trial resulted in a mistrial and listen to feedback from previous jurors.
Judge Brandt reminded both parties that the jury voted 10-to-two in favor of convicting Wynn of the lesser-included offense of second-degree murder but were unable to reach a unanimous decision on the first-degree murder and assault with intent to kill charges.
Judge Brandt maintained that Wynn had his “bite at the apple” as he already had a jury trial. McDaniel countered that it was actually the prosecuting attorney’s “bite at the apple” and urged the judge to consider an earlier trial date. Judge Brandt established that the earliest trial could be in May 2027.
The defense attorney for Johnson, David Akulian, indicated that he had intended to move forward with a motion for his client’s release at this hearing prior to Johnson’s indictment. Judge Brandt reminded both parties that she does not consider oral release motions, asserting that “both gentlemen are presumed dangerous by the law.” She requested that any release review motions be put in writing for the upcoming hearings. McDaniel and Akulian agreed to the stipulation.
Wynn is scheduled to return on July 31. Johnson is scheduled to return on Sept. 4. Both defendants are expected to appear before Judge Brandt.
