Defense Requests Murder Defendant’s Release Due to Indictment Issues

By D.C. Witness Staff - January 13, 2023
Court | Daily Stories | Homicides |

On Jan. 13, during a felony status conference, an issue over an indictment led to the defense’s request for release of a murder defendant. The indictment deadline was initially set for Jan. 15.

Marktwan Hargraves, 24, was arrested for the murder of six year old Nyiah Courtney. This was allegedly the result of a gang related drive-by shooting, which happened on July 16, 2021 on the 300 block of Parkland Place, SE.

Defense Attorney Anthony Matthews claimed he was not aware of the full extent of the charges being brought against his client, since he had not yet received the indictment.

Upon hearing this, the prosecutor expressed she did not know if she was legally allowed to say the charges in open court before the indictment. Despite this, she told the defense the charges being brought against Hargraves included second-degree murder. 

During the hearing, the prosecution also requested a trial date. 

Matthews called this suggestion “problematic”, as he did not yet have access to the indictment. He expressed that if he did not receive the indictment by the end of the day, then Hargraves should be released.

“Nine months is nine months”, said Matthews. 

Towards the beginning of Friday’s hearing, the prosecution said  the indictment would be ready two days before the deadline. However, the prosecutor also stated that she was unsure if the hard deadline was Sunday. She said she was under the impression that this deadline only counted business days.

The prosecutor insisted the indictment would be filed on Friday, and that she would be willing to schedule the arraignment for later in the day. The defense and DC Superior Court Judge Maribeth Raffinan concurred.

The arraignment occurred, and Hargraves pleaded not guilty to all charges including second-degree murder. A trial date was set for April 29, 2024.

An IPA hearing is set to happen on March 27.