Judge Finds Substantial Probability in Mass Shooting Case

By D.C. Witness Staff - December 10, 2021
Court | Daily Stories | Homicides | Juveniles | Shooting | Suspects | Victims |

A DC Superior Court judge found substantial probability cause in a mass shooting case where the defendant is accused of killing 6-year-old Nyiah Courtney.

Marktwan Hargraves is charged with second-degree murder while armed for allegedly shooting Courtney and five others on the 2900 block of Martin Luther King Jr. Avenue, SE. Courtney’s parents were two of the five shot during the mass shooting on July 17.

Hargraves was on release in a weapon possession case in Maryland at the time of the shooting.

Both parties examined a Metropolitan Police Department (MPD) special victims officer who handled the case during the Dec. 9 hearing. The prosecution began by asking about evidence linking him to the shooting. Cell phone data was shown from Hargraves’s phone showing that it was turned off shortly before the shooting and turned back on shortly after. The cell phone was linked to Hargraves through a text message that had been sent with a job application that stated his name. He also showed the cell phone to call someone after the shooting, telling them he felt bad for a recent event.

The MPD officer testified that calls went to voicemail during this time, confirming that his phone was off.

The MPD officer explained how they had been made aware of how two groups that intersect in that area had been beefing leading up to the shooting, which helped form a motive. She noted that Courtney may not have been the target, even though she was killed in the shooting.

An audio recording of Hargraves allegedly telling a witness that the car was blown up was played. The officer testified about this evidence and how it links Hargraves to the car since it matches surveillance footage of the scene of the shooting. A witness said she owned the car but lent it out to Hargraves.

The prosecution was able to link Hargraves to the alleged murder weapon through his phone communications. Hargraves allegedly attempted to sell the gun online after the shooting. The officer said the bullet casings found in the shreds of the car and the gunshot wounds matched the weapon.

Background objects such as a comforter and gaming controller in the photo of the gun were linked to Hargraves. When he was arrested, the room he was staying in had the same comforter and controller.

Surveillance video of Hargraves and another suspect shows him after the shooting, wearing specific clothing. Shoes and other items from the picture were also found in the room where the comforter was seen.

During defense attorney Terrence Austin’s cross-examination, he focused his questioning of the MPD officer on the witnesses, and how nobody at the scene could identify Hargraves. He also asked about the clothing obtained from arresting Hargraves. The MPD officer said they did not obtain the hat or jeans found in surveillance footage of him and another suspect.

He also asked the MPD officer about one of the witnesses, who said she saw the car on Instagram with another person and not Hargraves.

Austin inquired on how the officer was able to find out about two groups beefing in the area. She said they had “previously learned about factors and beef” from police intelligence.

He also asked about the selling of the gun. The officer said witnesses told MPD that Hargraves was known to put guns “on the market” to buy and sell.

After a short break, Judge Marisa Demeo found substantial probability. She said that turning off his phone indicates he was aware beforehand that the shooting was about to happen.

Finishing her statement, Judge Demeo said this is “one of the most dangerous types of crimes in our community.”

Hargraves will continue to be held without bond at DC Jail. He is scheduled to return to court on Feb. 11 for a felony status conference.