Defense Attacks Notion Murder Suspects Engaged in Conspiracy

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DC Superior Court Judge Rainey Brandt denied three co-defendant’s motions for a mistrial following the prosecution’s closing arguments during a June 5 hearing, before defense attorneys began closing arguments.

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 on the 700 block of Farragut Street, NW; Feb. 24, 2020 on the 1700 block of 9th Street, NW, and a second shooting on March 1, 2020 at Channing Street, NE. The prosecution alleges a firearm conspiracy of the defendants, in which they aimed to obtain and use specific weapons in all shootings.

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

On June 4, Andrew Ain, Freeman’s defense attorney, filed a motion for a mistrial after the prosecutor used the term “felon” multiple times during closing arguments, and cited the defendants’ prior convictions. Defense attorneys for Jackson and Nelson joined in on the motion.

During the June 5 hearing, Shawn Sukumar, Freeman’s other defense attorney, argued that the jury could use the prosecution’s conviction statements as “foreseeability that there will be additional crimes.”

The prosecution stated that due to Freeman’s and Nelson’s prior convictions, they are “more likely to commit greater crimes,” and upholds the current charge of unlawful possession of a firearm.

Judge Brandt ultimately denied the motion stating “the jury is simply not going to remember” the amount of times the word ‘felon’ was used.

She will again instruct the jury that the mention of the defendant’s prior convictions does not mean they are guilty of a current crime and will reiterate that closing arguments should not be taken as evidence.

The prosecution buttressed their closing argument by providing evidence of texts, phone calls, and search history of information about Lukes as well as the Metropolitan Police Department ‘s (MPD) investigation of evidence from Steele’s phone.

The prosecutor claims the three co-defendants tampered with evidence by trying to sell and trade the guns used in the shootings. Text messages were presented of Steele telling Nelson that “17 gotta go,” allegedly referring to a Glock 17 connected to the homicide.

“Do guns kill, or people kill? In this case they kill, these people kill,” the prosecutor stated.

The prosecution proclaimed they have “proven its case beyond a reasonable doubt” as they ended their closing arguments, pleading with the jury to “find them guilty.”

Brian McDaniel, Jackson’s defense attorney, insisted Jackson is “presumed innocent until the government proves otherwise beyond a reasonable doubt.”

“Eighty-five percent of this case is about Mr. Steele, not about Jackson or his association with Mr. Steele,” McDaniel stated. “He should be treated as if he was being tried by himself. Much of the evidence didn’t include Jackson,” he added.

“There is no conspiracy between these gentlemen,” McDaniel said as he went on to argue that there have been no texts between Jackson and Freeman, or Jackson and Nelson, who “barely knew each other.”

McDaniel insisted no witness ever identified Jackson as a shooter or the driver of the suspect vehicle during Lukes’ murder.

McDaniel acknowledged that Jackson’s fingerprints were on the Kia Soul and that it didn’t come as a surprise since there is surveillance footage of Jackson at a BP gas station the day of the murder with the same car.

However, he insisted that Jackson was not involved in the shooting and had gotten out of the car at his grandmother’s house, as the GPS tracking implies.

The prosecution, along with multiple witnesses, have previously identified a 2016 Kia Soul as the suspect vehicle for most of the shootings. The vehicle has been specifically tracked to the alley of Luke’s homicide by surveillance footage and GPS tracking.

“Finish the job,” McDaniel told the jury, adding “Mr. Jackson asks you to find him not guilty, even if you don’t want to.”

Following McDaniel’s closing statement, Ain averred, “Freeman is innocent,” highlighting his absence during the Feb. 22, 2020 incident on the 700 block of Farragut Street, NW, according to witness testimony.

As for one of the suspect vehicles the prosecution has attempted to connect to the co-defendants, Ain stated that, although there are messages between Freeman’s Instagram account and an account named “HL.Trey” about purchasing a stolen Mazda, there is no evidence that proves the transaction was completed.

A white Mazda SUV has been previously introduced as a suspect vehicle for the Feb. 24, 2020 on the 1700 block of 9th Street, NW, shooting by the prosecution.

Due to time constraints, Ain wasn’t able to conclude his closing arguments.

Parties are set to return June 6.