DC Superior Court Judge Neal Kravitz questioned the prosecution about possible constitutional violations in the arrest of a fatal stabbing suspect in a hearing on Aug. 13.
David Key, 39, has been charged in a four-count indictment with first-degree murder while committing or attempting to commit a robbery, robbery while armed, first-degree premeditated murder while armed and carrying a dangerous weapon outside of a home or place of business.
The accusations stem from an incident on April 1, 2024 on the 300 block of 61st Street, NE in which the prosecution says Key fatally stabbed Devon Marquis Greenfield, 35. Police identified Key through surveillance video and a tip from a relative of the victim who said there was “word on the street” that Key was responsible for the murder, reputedly over drugs and was previously jailed for hitting someone with a baseball bat over an $8 debt.
Judge Kravitz raised questions Thursday about what happened when Key was arrested. Video of the police interview shows that at one point a detective said Key was arrested, then immediately after that he was just detained. Key indicated he was unsure about whether he should have an attorney present during the encounter, which is his right.
Judge Kravitz said he had not reached a “conclusion about whether there was a constitutional violation.” The prosecutor indicated that she wasn’t intending to include the interview as evidence.
Defense attorney Howard McEachern said he had no pending motions on the issue.
According to the police affidavit, surveillance footage captured the pair walking together and apparently getting into an argument with Key ordering the victim to empty his pockets. During the altercation, Key is allegedly seen in the video hitting Greenfield,knocking him to the ground, stabbing him seven times and saying, “You think I’m f***king playing with you?”
The medical examiner’s report, found three of the stab wounds to the chest were seven inches deep. The prosecutor said she intends to introduce an 8-and-a-half inch knife and clothing recovered during a search which Judge Kravitz said could also be questionable.
“Not only is he under arrest but they take a bunch of stuff from him,” said the judge.
Meanwhile, the prosecution filed an emergency motion in July asking the court to allow a DNA analyst to provide testimony in a video deposition because she is Nigerian and returning to her home country. However, under current immigration restrictions she might not be able to get back into the United States for the trial.
Court records indicate that the issue was resolved with the defense but the terms were unspecified.
There was a brief discussion about a possible plea in the case but parties said they intended to proceed to trial, which is scheduled for Aug. 31 and expected to last at least four days.
