Defense Attorney Asks Jurors ‘to Kick the Tires,’ in Murder, Conspiracy Case

By Jacob Quill [former] , Richa Sharma [former] - June 7, 2024
Daily Stories | Homicides | Shooting | Suspects |

During closing arguments in a co-defendant murder and conspiracy trial defense lawyers say the prosecution failed to connect the dots by linking the defendants to a deadly crime spree. The pleadings were heard before DC Superior Court Judge Rainey Brandt on June 6. 

Stephen Nelson, 33, Koran Jackson, 23, and Tyiion Kyree Freeman, 24, are three out of five individuals charged with first-degree murder while armed, multiple counts of conspiracy, assault with intent to kill 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 Malachi Lukes, 13, on March 1, 2020. The incident occurred on the 600 block of S Street, NW. Another juvenile sustained injuries after suffering a gunshot wound to the leg. 

The incident also allegedly involved 24-year-old Reginald Steele and 27-year-old Aaron Brown.

Throughout the trial, the prosecution has attempted to connect Jackson, Freeman, and Nelson to additional shootings that occurred on Feb. 22, 2020; Feb. 24, 2020 and a second shooting on March 1, 2020. The prosecution alleges a firearm conspiracy among the defendants in which they aimed to obtain and use specific weapons in Lukes’ homicide.

Defense attorney Andrew Ain said Freeman was not a part of the conspiracy to possess firearms calling into question the extent of Freeman’s relationship with Steele. According to Ain, there is no record of firearms transactions conversations between the two.

The defense lawyer poked holes in the DNA evidence saying Freeman’s was virtually excluded from the sample tested.

Ain also claimed the police had mislabeled key evidence and urged the jury to “kick the tires” and dig deeper into all evidence they were presented with. 

On Nelson’s behalf, defense attorney Lisbeth Sapirstein argued that the prosecution was overreaching by “trying to blend Mr. Nelson into the Malachi Lukes case” with overly broad legal theories.

She emphasized to the jury that Nelson should only be held accountable for what is proven, not any involvement in Lukes’ death. She disputed the prosecution’s theory that Nelson was at the “top of the pyramid” of the alleged conspiracy, instead pointing the finger at Steele. 

In rebuttal, the prosecutor urged the jury to consider the evidence as a whole disputing arguments about misleading evidence and contradictory witness statements given the memories of four-year-old incidents.

The prosecutor also highlighted the relationship between Nelson and Jackson, disputing Ain’s claim that the three co-defendants were not closely tied. They played a jailhouse phone call, in which Jackson allegedly referred to Nelson as “Uncle Boog,” and saying, “That’s my man.”

In response to Sapirstein, the prosecutor noted the power of the conspiracy allegations is indicated by how eager the defendants are to distance themselves from collective actions.

In conclusion, the prosecutor pointed at Nelson saying, “He put the guns in their hands… he is on the hook for everything.”

The jury will begin deliberations on June 10.