Based on 'Totality of Evidence' Judge Denies Acquittal for Three Co-Defendants in Murder, Conspiracy Case

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In an ongoing three co-defendant murder, conspiracy case, DC Superior Court Judge Rainey Brandt denied a defense motion to acquit the trio. It was the second time in a week the judge failed to dismiss the case.

On May 15, before jurors entered the courtroom, the defense argued that all counts against the defendants be dismissed.

Defense attorneys Andrew Ain, Brian McDaniel, and Lisbeth Sapirstein – representing Freeman, Jackson, and Nelson, respectively – went through all the charges and, ultimately, argued that the prosecution presented insufficient proof for conviction of any crime.

There’s “no evidence of putting a firearm on Freeman’s hand,” said Ain.

However, in her ruling, the judge said based on the “totality of evidence” she reasonably inferred that the defendants intentionally joined a conspiracy and committed a dangerous and violent crime.

Judge Brandt went on to recapitulate the abundance of prosecution evidence including 101 witnesses, photographs, videos and clothing descriptions linked to the suspects.

In addition, the judge cited surveillance footage as well as text messages, fingerprints, Instagram and Facebook records and DNA on bullet remnants.

Koran Jackson, 23, Tyiion Kyree Freeman, 24, and Stephen Nelson, 33, are three of five individuals charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020, on the 600 block of S Street, NW. The shooting also left a second juvenile victim located in the vicinity suffering from an apparent gunshot wound to the right leg.

Throughout the trial, the prosecution has attempted to connect Jackson, Freeman, and Nelson to additional shootings that occurred on Feb. 22, 2020, Feb. 24, 2020, and a second shooting on March 1, 2020. The prosecution alleges a firearm conspiracy among the defendants in which they aimed to obtain and use specific weapons in Lukes’ homicide.

The case also involves alleged co-conspirators Reginald Steele, 24, and Aaron Brown, 27.

After Judge Brandt denied the acquittal motion, Freeman’s defense brought in its only witness, a friend of his who has previously testified.

When questioned by the prosecution, the witness referenced his relationship with Freeman, saying, “He’s like my little bro.”

Ain presented an Instagram post that included the witness’ sister’s ex-boyfriend pictured with alleged co-conspirator Steele, also known as “Gordo.”

According to previous testimony, the witness sold the firearm used in Lukes’ murder to his sister’s then boyfriend, who has claimed to have no knowledge of the March 1 incident.

The witness stated that he did not have much of a relationship with Steele or his sister’s boyfriend at the time.

“I don’t deal with them guys. I don’t mess with them like that”, stated the witness.

Freeman’s defense rested their case. He asserted his right to not testify on May 14.

McDaniel rested his case, after Jackson confirmed he did not want to testify.

Meanwhile, Nelson’s defense will call one witness. Nelson will decide whether or not he wants to testify in the coming days.

Proceedings resume on May 16.

Based on ‘Totality of Evidence’ Judge Denies Acquittal for Three Co-Defendants in Murder, Conspiracy Case