Defense attorneys in a co-defendant homicide trial urged the jury to doubt a witness who accepted a plea deal in exchange for her testimony before DC Superior Court Judge Michael Ryan on Sept. 10.
Darnell Resper, 33, and Michael Sanders, 32, are charged with conspiracy, first-degree felony murder while armed, assault with a dangerous weapon, attempt to commit a robbery while armed, three counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction.
The charges stem from their alleged involvement in the fatal shooting of 30-year-old Youness Zarouaki on Feb. 18, 2021 on the 1000 block of Thomas Jefferson Street, NW. Zarouaki died from multiple gunshot wounds, including one to his neck.
In opening statements, the prosecution told jurors that on a snowy, quiet day, Zarouaki “lost his life,” and alleged the defendants “killed him in the course of a robbery.”
According to prosecutors, Zarouaki immigrated to the US from Morocco in high school and worked as a marijuana sales entrepreneur. Between 1:30 p.m.-and-2 p.m. on the day of the shooting, Zarouaki, his friend, and two of his cousins hosted a pop up marijuana party at a house in Georgetown with an unarmed individual as security outside.
That afternoon, armed individuals in surgical masks arrived at the pop up and demanded money and drugs, the prosecutor said. Zarouaki attempted to comply. “I can’t tell you exactly where things went wrong,” the prosecutor told jurors, but shots were fired that struck Zarouaki in his neck and shoulder.
The suspects arrived in a black Honda Accord, according to prosecutors, driven by Sanders’ former girlfriend who he shared a child with. “She’s no nun,” the prosecutor acknowledged, but said the witness accepted a plea deal that required her truthful testimony. The prosecutor argued that the driver’s testimony will align with other witnesses and forensic evidence.
Sanders and Resper “were ready, armed, and prepared,” and the jury should “convict them of their crimes,” the prosecution concluded.
Respers’ attorney, Jason Clark, said the driver’s story was “bought and paid for.” As a cooperating witness, she “has made the deal of a lifetime” and anticipates no jail time in exchange for her testimony, Clark claimed.
The cooperating witness’ agreement requires her to tell the truth. However, Clark noted, the prosecutors decide whether her testimony meets the plea deal requirements.
“The only master that she must serve is the United States Attorney’s Office,” Clark argued.
Clark noted that Resper’s DNA and prints were not in the suspected vehicle or at the scene. The jury will hear a “lack of competent and credible evidence” from prosecutors, Clark asserted.
Sanders’ attorney, Daniel Kovler, echoed Clark’s characterization of the cooperating witness. “She’s a hustler, she’s a liar,” but in the best light, she’s a survivor with a tragic upbringing, Kovler claimed.
According to Kovler, in previous cases, the driver’s story changed as she learned what investigators knew.
“She could talk a rat off a piece of cheese,” Kovler said. “You can smell a lie,” he told jurors.
Kovler concluded that Sanders is “an innocent man.”
The trial is scheduled to resume on Sept. 14.
