DC Superior Court Judge Todd Edelman granted a defense request to acquit a conspiracy charge for a first-degree murder defendant on Sept. 11.
Robert Baskerville, 33, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license. The charges stem from Baskerville’s alleged involvement in the fatal shooting of 28-year-old Darron Holmes on April 16, 2022 on the 1200 block of Southern Avenue, SE. Holmes died from four gunshot wounds to his neck, wrist, butt, and ear.
For her alleged involvement in the same offense, Baskerville’s former co-defendant, Tamera Brown, 30, is charged with conspiracy, first-degree premeditated murder while armed, two counts of threatening to kidnap or injure a person, and obstructing justice.
Baskerville was formerly charged with conspiracy before Judge Edelman granted the defense motion for judgement of acquittal on the charge.
Baskerville’s attorney, Christen Philips, argued that both the conspiracy and first-degree murder charges should be acquitted. Philips also argued to acquit the possession charge at a previous hearing, but Judge Edelman denied her request.
To grant a motion for judgement of acquittal, the judge must interpret the evidence in the light most favorable to the prosecution and find that no reasonable juror could find Baskerville guilty beyond a reasonable doubt.
For the conspiracy charge, prosecutors argued that Brown reportedly yelled the words, “I’m going to get someone to do something to you,” to Holmes before she allegedly returned with Baskerville in her car. The prosecution claimed that this demonstrated Brown’s intent to harm Holmes and that she must have conspired with Baskerville on the drive to the scene.
According to Judge Edelman, the prosecution’s evidence of conspiracy was nothing “more than speculation” and was not sufficient to present to a jury.
Philips said that the first-degree murder charge should also be acquitted because there was not sufficient evidence to show premeditation. Judge Edelman disagreed. He called the prosecution’s evidence, “somewhat thin,” but acknowledged that, if the prosecution’s theory was credited, some testimony pointed towards Baskerville waiting before shooting Holmes.
Judge Edelman also considered some evidence proposed by the prosecution. They requested to show the jury a recording of Baskerville and Brown having an intimate conversation about love months after the pair had been arrested for Holmes murder.
Prosecutors said that the recording would counteract Baskerville’s theory that Brown “coached her children” to lie against him. Judge Edelman was not convinced, but asked them to write a more cohesive argument and send it to him.
Parties are slated to return on Sept. 14 for closing arguments.
