Case Acquitted: Defense Argues For Sanctions on Prosecution Witness Due to Missing Evidence

By Rachel Benck [former] - March 3, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

This case has been acquitted.

A homicide defendant appeared in front of D.C. Superior Court Judge Robert Okun on March 2, as parties argued on a defense motion for failure to preserve evidence.

Cedric Alexander, who is also known as Tony White, is charged with first-degree murder while armed, robbery, possession of a firearm during a crime of violence, and illegal possession of a firearm due to a prior violent conviction in connection with the shooting of 38-year-old Daquan Hooks on March 23, 2017, on the 1900 block of 13th Street, SE. 

Defense attorney, Sellano Simmons filed a motion due to Metropolitan Police Department (MPD) officers failing to preserve body-worn camera footage that Simmons said he believes could have absolved his client or pointed detectives to a different suspect.

Simmons shared with Judge Okun that he believes dismissal is appropriate in this case, but submits to the court that he will accept sanctions on one of the prosecution’s witnesses as their initial MPD interview was not recorded by the officer’s body-worn camera. 

Simmons argued that without the footage, the defense is left at a disadvantage and is unable to impeach the witness with their initial statements on the incident.

The prosecution argued that because the defense cannot prove the missing footage would have been included in the prosecution’s argument, sanctions on their witness are inappropriate. In addition, the prosecutor argued that the defense still has the recording of the witness’s initial 911 call and their multiple subsequent recorded interviews with MPD officers. 

The prosecution said the material provides the defense with more than enough to impeach the witness’s testimony. 

Judge Okun did not rule on this motion and took it under further advisement as he said he believed it was a close call. He required more time to consider both sides of the argument.

All parties are scheduled to return on Sept. 8 to begin preparing for trial.