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By
D.C. Witness Staff
- February 1, 2018
Court
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Homicides
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Suspects
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The prosecution and defense teams debated Jan. 31 using a theory that alleged shooter Derryck Decuir had the “intent” to rob 16-year-old Malek Mercer in 2015.
Assistant United States Attorney Jeff Nestler argued to use the theory of “intent,” but Decuir’s attorneys, Dana Page and Lee Goebes, argued the theory would confuse the jury about the difference between “intent” and “attempt” to rob.
Judge Craig Iscoe ruled the theory was “not constitutionally permissible” since Decuir, 24, was already acquitted on the count of attempted robbery. Iscoe also ruled that the prosecution could not bring up intention to rob during examination should Decuir testify.
The prosecution plans to file another motion to review a prior ruling, issued by Judge Hiram Puig-Lugo, that threw out a video that allegedly supports a theory that Decuir is homophobic. Nestler said he believes Decuir’s comments about homosexuals are relevant as a motive in the shooting.
Decuir is scheduled to appear in court for a motion hearing on Feb. 26, where Iscoe is expected to make a decision about the video.
Decuir is currently being held without bail for the alleged fatal shooting of Mercer on the 2800 block of 28th Street, SE. He is being retried for the homicide following a mistrial in 2017.