DC Superior Court Judge Jason Park denied a defense motion on July 8 to suppress the identification of a fatal shooting defendant made by his neighbor.
Deonte Spicer, 39, is charged with first-degree premeditated murder while armed, unlawful possession of a firearm with a prior conviction of greater than a year, and possession of a firearm during a crime of violence. These charges stem from his alleged involvement in the fatal shooting of 27-year-old Tyvez Monroe on Dec. 26, 2023. The incident occurred at a bus stop outside of L’Enfant Plaza Metro Station on the 600 block of Maryland Avenue, SW, where Monroe was killed by a gunshot wound to his head.
In court, the prosecution called a Metropolitan Police Department (MPD) detective to testify about a witness’ identification of Spicer. The detective explained that Spicer’s neighbor called in a tip about recognizing an individual depicted in a Dec. 26, 2023 MPD news release on Twitter.
When he spoke to detectives, the neighbor recalled that the suspect was released from jail shortly before the shooting, was in a traffic accident prior to the incident, his exact address, and that he owned a female pitbull dog. However, the neighbor stated that he did not know Spicer’s name.
Because the neighbor could not name Spicer as the suspect, his attorney, Daniel Dorsey, questioned the reliability of the identification, calling it “rather vague.”
The prosecution rebutted Dorsey, citing the neighbor’s knowing Spicer’s specific address. In addition, they claimed that the dog the neighbor referred to was identical to the dog depicted next to the suspect in security footage of the shooting.
“You can track the suspect with the dog the whole time,” the prosecution noted.
Judge Park denied the defense motion to suppress the neighbor’s identification of the defendant. He determined it was not unduly suggestive, or could have given rise to a strong likelihood of misidentification, because the neighbor reached out to police to identify the defendant. In addition, Judge Park stated that the neighbor’s specificity demonstrated reliability.
Dorsey also filed a motion on Spicer’s behalf that requested a bill of particulars, which forces prosecutors to explain the details of their charges. Judge Park noted that all of Spicer’s charges were laid out with sufficient specificity.
“This is not a circumstance in which a bill of particulars is necessary,” Judge Park stated as he denied the motion.
A defense motion asking to return Spicer’s property, including three pieces of mail and a wallet, was also denied. Judge Park noted that the Spicer’s items were not illegally seized and would be used as evidence in this case, thus denying their return.
Spicer also filed a motion to suppress the search warrant based on the allegation that the items that were taken illegally, the warrant lacked probable cause, and that police violated the knock and announce rule. However, Judge Park said that the defense had proffered, or officially presented, no basis for Spicer’s claims and denied this motion.
The defendant also filed a motion on his own behalf on Feb. 14, to dismiss his case because of alleged violations of his right to a speedy trial and misconduct by prosecutors.
In the motion, Spicer claimed that his 5th, 6th, and 14th Amendment rights, focused on preventing self-incrimination, a right to a speedy trial and due process of law, were violated based on the prosecution’s mishandling of evidence. Spicer alleged prosecutors doctored videos, purposefully omitted evidence the victim reportedly possessed a firearm, and tampered with Monroe’s clothes.
He also expressed desire for a change of venue due to an image of him circulated by FOX 5 news.
Even though Spicer has been incarcerated in DC since his arrest on Dec. 29, 2023, the motion was denied. Judge Park acknowledged the lengthy incarceration, but cited the seriousness of the crime and procedural delays to explain the trial’s postponement.
Meanwhile, the defendant’s motion for independent DNA testing was granted. Judge Park highlighted the importance of quick testing and requested that the defense complete it as soon as possible.
“Mr. Spicer’s trial cannot be delayed again,” Judge Park stated. Spicer’s trial is scheduled to begin on June 21, 2027.
Parties are set to reconvene on Oct. 22.
