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Homicide

Defense Argues Homicide Case Rests on ‘A False Witness, a Fake Story, and a Failed Investigation’

A defense attorney argued an apparent revenge murder case against her client lacked evidence and credibility during opening statements in a trial before DC Superior Court Judge Neal Kravitz on Jan. 12.

Malik Seltzer, 30, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction greater than a year. The charges stem from his alleged involvement in the fatal shooting of 37-year-old Paris Odemns on the 4000 block of 1st Street, SE on Sept. 15, 2021. Odemns suffered from five gunshot wounds to his back and one to his wrist.

Seltzer’s jury trial started with opening statements from both sides. The prosecutors claimed Seltzer planned and carried out Odemns’ “senseless murder.” According to prosecutors, Seltzer came across Odemns at a nearby 7-Eleven the evening of the crime. The prosecution said Seltzer, angry that Odemns stabbed one of his friends, lured Odemns and, when his back was turned, shot him six times and left him to die. 

The prosecutors acknowledged their key witness “is not a model citizen” and that the defense will “run [him] through the coals.” However, they asserted the witness’ testimony will be the same story he told Metropolitan Police Department (MPD) officers before he saw any evidence related to the case.

The prosecution also told the jury their key witness will testify that Seltzer brought Odemns to the apartment the night of the murder and said, “This is the dude that stabbed [friend’s name]. I’m going to bag him.” 

Prosecutors expect the witness to state that he saw Seltzer and Odemns walk down the street, heard gunshots, observed Seltzer running back toward the apartment, and when Seltzer returned, he said “I just bagged that n-word.”

The jury viewed a video that prosecutors said depicted Seltzer and Odemns walking together down the street about a minute before the murder. Prosecutors then played ShotSpotter audio of eight gunshots, followed by another video of Seltzer running back to the apartment alone after the shots. 

Seltzer’s defense attorney, Bernadette Armand, said the jury would hear evidence of “a false witness, a fake story, and a failed investigation by the [prosecutors] in this case.” 

Armand said the video showed Seltzer running for his life, not fleeing because he had shot someone. She said Seltzer and Odemns walked together into the dark, where someone approached them, pointed a gun, and both men ran. 

“Odemns didn’t make it–Seltzer was able to run away,” said Armand, emphasizing it could have been Seltzer who was fatally shot. There was no conflict, drama, or problems between Seltzer and Odemns in the video footage, noted Armand.

Regarding the key witness, Armand said the jury should doubt his story because he was on probation with serious legal problems hanging over his head when he spoke with MPD about the case. She added that his account was inconsistent and changed over time. 

Additionally, Armand claimed the witness fabricated that Odemns stabbed Seltzer’s friend. Apart from the witness’ testimony, she argued, there would be no evidence of the alleged stabbing presented during the trial. 

“The [prosecution] took the easy way out…case closed,” Armand said, urging the jury to focus on what the prosecution did–or failed to do–during the murder investigation. 

Following opening statements, the prosecution called Odemns sister to the stand. She described her brother as “a good person” and said “he cared more about other people than himself.”

An MPD officer, who responded to the scene after he received a radio call for the sound of gunshots, said DC Fire and Emergency Medical Services (DCFEMS) was attending to a shooting victim when he arrived on scene. As the first responding officer, he secured the scene and canvassed for potential evidence. The officer said he found firearm cartridge casings but waited for an official to remove them.

Apart from DCFEMS, the officer said no one entered the scene or attempted to while he was present. After additional MPD officers and detectives arrived, he provided his statement, and had no further involvement with the case. 

Kevann Gardner, Seltzer’s other attorney, asked the officer during cross-examination if other shootings occurred nearby around the time Odemns was shot. The officer said there were sounds of other gunshots detected nearby but he was not aware of any investigations into them. 

Gardner also established through the officer that cartridge casings are small, light, and easily moved. However, the prosecution confirmed that no one moved the casings while the officer was present. 

The trial is scheduled to resume on Jan. 13.

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