Case Acquitted: Defense Requests Dismissal of Homicide Case After Prosecution Violation

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Sutton was acquitted of murder and possession of a firearm during a crime of violence on March 23, 2023.

On Feb 27, DC Superior Court Judge Michael Ryan granted the defense’s request to notify the jury of a prosecutorial violation after the prosecution failed to hand over sufficient evidence in a first-degree murder case.

Kaevon Sutton, 21, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or place of business in connection to the shooting of Aujee Tyler, 22. The shooting occurred on March 19, 2018, on the 3500 block of Stanton Road, SE.

Jury selection for the case was delayed after the prosecution failed to provide the notes of the lead detective. The prosecution argued that because of the transition from physical to digital copies of evidence coupled with the numerous changes made by prosecution attorneys, the notes of the detective were not included in the evidence provided to the defense.

The notes included information about a phone call that was made on the day of the shooting from a female who reported it, stating that the shooter was “lil’ ark.” From there the responding detective linked the alias to another individual unrelated to the case.

However, upon further investigation, the prosecution found that the other individual was incarcerated at the time of the shooting, therefore could not have been responsible for Tyler’s death.

Attorney Jessica Wilis on behalf of Sutton argued that the prosecution failed to hand over sufficient evidence which violates Sutton’s constitutional rights to a fair jury trial and is also a violation of a rule requiring prosecutors to disclose exculpatory evidence to the defense.

She claimed that the exclusion of evidence for roughly five years made it impossible for the defense to try to investigate for an alternative suspect and that the prosecution withheld the evidence because it weakened their case.

Willis ended her argument by requesting to dismiss the case, release Sutton so he can help the defense to have more evidence, or inform the jury of the prosecution’s violation.

The prosecution argued that even though they failed to disclose important information, there is still enough evidence for the case to continue as facial recognition of a photo of the incident had been used to identify Sutton. Sutton’s alias is also “lil’ ark”.

After hearing both arguments, Judge Ryan found a clear violation of the rule.

Given the severity of the case, Judge Ryan rejected the defense’s request for dismissal and release of the defendant. However, he did accept the defense’s request for a jury instruction to notify the jury of the violation and restricted the detective from testifying in the trial.

Jury selection for the trial is set to begin on Feb. 28.

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