Counsel Delivers Closing Arguments in Murder Defendant’s 3rd Trial

By D.C. Witness Staff - May 2, 2019
Daily Stories | Homicides | Suspects | Victims |

During closing arguments in a murder trial the defense and prosecution told the jury two very different stories about a fatal shooting of a 15-year-old boy.

Derryck Decuir is charged with first-degree murder while armed and obstruction of justice, among other charges, for the death of Malek Dayvon Mercer on the 2800 block of 28th Street, SE in 2015. The trial marks the third time Decuir’s guilt in Mercer’s homicide is being questioned. The two previous juries could not render a unanimous verdict.

On May 1, a defense attorney said the victim was armed and the witnesses were unreliable.

The defense attorney, Dana Page, said the prosecution was trying to appeal to the jury’s emotions by focusing on Mercer’s age and size in comparison to Decuirs’ stature and age. But, Page said none of that mattered. She said the only thing that mattered was that Mercer pulled a shotgun out of his bag and her client reacted.

Page said there was “no question” that the gun was in Mercer’s bag, but that there was an attempt to cover it up. She said one of the eyewitnesses, a friend of Mercer, gave multiple versions of his story to police and all of them included him returning to the scene without a shirt. Page said it was possible that the friend took his shirt off and grabbed the gun.

The defense also noted that another witness said he knew Mercer was known to carry a shotgun, but didn’t tell police because he didn’t want the defendant to be able to claim self-defense.

Page also told the jury that the police failed to fully investigate the matter. She said the police’s lack of investigation was a “slap in the face to justice.”

However, the prosecutor said this was not a case of self defense. Instead, the defense was blaming Mercer for being out late.

According to the prosecution, Decuir became enraged after an encounter with Mercer and another juvenile at a bus stop during the late evening hours. Apparently, the defendant complimented Mercer’s belt after which Decuir’s friend made homophobic remarks towards him. Court documents state that Mercer and his friend “snickered” in response. All of the individuals involved in the crime exited the bus later at the same bus stop. 

Mercer got off at that bus stop with the intent to go home. However, Decuir had no business getting off at that stop and that his only intent was to harm Mercer, the prosecutor said.

The prosecution also said the murder weapon had an extended clip and that Decuir couldn’t have held it in his pants, as the defense alleges. Instead, the prosecution said he had the gun in his backpack, which means he had to take conscious actions to get the gun. 

In addition to Decuir’s conscious actions, the prosecutor pointed out that Decuir tried to cover up the murder while in jail. Apparently, he asked friends to get rid of the murder weapon. He also attempted to get witnesses to lie for him, but when they told the truth to investigators, prosecutors said Decuir was forced to admit to the shooting.

The jury began deliberating on May 1.

Thamar Bailey contributed to his article.