Defense Says Evidence Compromised in Homicide Case

By Grace Guzzo [former] , Graham Krewinghaus [former], Tiffany Word [former] - August 26, 2022
Court | Daily Stories | Homicides | Suspects | Victims |

During an Aug. 25 motion hearing, the defense attorney asserted that the defendant’s car had evidence that was not preserved.

On Sept. 5, 2020, officers from the Metropolitan Police Department were summoned for reports of 45-year-old David Farewell being struck by a vehicle while riding his bicycle on the 2100 block of Young Street, SE.  

Eric Beasley, 32, was arrested and charged with first-degree murder. The vehicle was registered to Beasley’s partner. 

According to defense attorney Madalyn Harvey, Beasley’s vehicle was seized in September of 2020 for testing. She states that the vehicle was missing its exhaust pipe when turned over by the prosecution. As the exhaust pipe would be essential to both sides’ arguments, the defense insisted that it be recovered and provided to them.

Harvey said she intended to call two witnesses in pre-trial hearings, one witness is a supervisor with the MPD to discuss the vehicle in question and the procedure for evidence collection. 

The prosecution argued that the only evidence relevant is the view of the car from the front, and since Farewell was hit head-on, the prosecutor said the exhaust pipe was immaterial, having only come in contact with Farewell’s bike.

“The bike being dragged didn’t kill the decedent,” the prosecutor said. “That’s why I question the materiality.”

Harvey disagreed with this analysis, saying that the entire exhaust system, including the muffler and the pipes to the engine, was removed but would have been pertinent given Farewell ended up underneath the car and was not killed on impact but died later.

DC Superior Court Judge Maribeth Raffinan eventually permitted the prosecution to call a supervisor at the MPD’s impound lot. Two images of the suspected car, one of which the witness identified as the car with its exhaust pipe fitted on top, were shown by the prosecution.   

The MPD supervisor said, “a lot of these cars come in unrecognizable,” and the lot would take any parts that had fallen off or were touching the ground and put them inside the car or on top to prevent toxic runoff into the Potomac.

Harvey then cross-examined the witness, who clarified that he had not received any formal training in the proper procedure for preserving evidence. He also testified that although there was a requirement to put identification tags on all pieces that had detached from their cars and log those tags, he had not logged the exhaust system of the suspected vehicle, which accounted for it going missing. 

The parties are scheduled to reconvene on Aug. 26.