Defense Asks Judge to Reconsider Ruling Against Dismissal

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On April 11, DC Superior Court Judge Maribeth Raffinan addressed a motion filed by the defense to reconsider the dismissal or release of a homicide defendant.

Franklin Dorn, 44, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 28-year-old Antonio Brown. The incident occurred on Aug. 6, 2023, on the 1200 block of North Capitol Street, NW.

According to court documents, Dorn was involved in a physical altercation with Brown and another individual. Dorn and the other individual both produced firearms, and at least one shot was fired, which struck Brown in the torso. Blurry surveillance footage captured the altercation without audio.

Dorn’s defense attorney, Kevin Iriving, argued Dorn was “not the cause of [Brown]’s death,” and motioned for dismissal, citing the prosecution’s alleged misrepresentation of the facts of the case. He claimed the prosecution failed to present a part of eyewitness testimony to the court that proved Dorn’s life was threatened during the altercation.

“You should reconsider your ruling,” said Irving, addressing Judge Raffinan, who had denied Dorn’s previous motions for dismissal and release.

Irving argued that Dorn was acting in self-defense and was not the first aggressor in the altercation.

According to Irving, the other individual had “fired recklessly,” at Dorn after a brief physical altercation.

“He is the one that initiated this ‘gun battle,’” said Irving, referring to the other individual in the altercation.

Irving also motioned for Dorn’s release due to this new eyewitness testimony.

According to the prosecution, the eyewitness statements to police were not new, and did not prove that Dorn was acting in self-defense. Allegedly, one eyewitness heard the other individual tell Dorn, “I’ll put you down,” which the prosecution argued was in reference to the physical altercation, and was not a threat to Dorn’s life.

The prosecution opposed Dorn’s motion for dismissal, citing that, while the other individual was the first aggressor, his actions were “non-deadly” and it was Dorn who pulled his firearm first.

“If he had not pulled out a gun, a shooting would not have happened,” said the prosecutor. “He caused the other person to fire back.”

The prosecutors also opposed Dorn’s release, citing Dorn’s criminal history, and the fact that this altercation occurred only two days after Dorn was released from jail after other firearm-related charges were dropped.

Irving disagreed with prosecutors, arguing the new eyewitness statements proved Dorn was acting in self-defense.

“To hold him until trial,” said Irving, “I think would be an injustice.”

Judge Raffinan returned to her chamber and is expected to deliver a ruling on April 24.

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