Defense Tells Judge Prosecution is Withholding Murder Evidence

By D.C. Witness Staff - June 26, 2018
Court | Homicides | Suspects |

During a hearing June 25, defense counsel told a judge that the prosecution failed to hand over crucial evidence and witness statements relating to a murder case.

Jeremiah Jordan, 26, and Jerrell Powell, 21, are co-defendants charged with first-degree murder for allegedly shooting Antoine McCullough on the 3500 block of 18th Street, SE in 2016.

According to court documents, surveillance videos captured three individuals and McCullough, 30, involved in a verbal altercation. The group followed McCullough after he left, and one suspect was recorded shooting the victim. Witnesses told the police that McCullough said he was jumped. McCullough died shortly after. 

Jordan’s defense counsel, Ronald Resetarits, told D.C. Superior Court Judge Danya Dayson that the prosecution’s evidence implicated Powell, but not his client. 

Resetarits said he did not receive surveillance or forensic data against his client. Apparently, the only evidence against Resetarits’ client is witness testimony. According to court documents, a witness told police that McCullough’s final words incriminated Jordan. However, the witness’s motives were questioned by the judge.

The identity of the witness is being held by the prosecution for safety reasons. The prosecution said it is aware that withholding information is unconstitutional, but the information will be disclosed before the July trial date.

Brandi Harden, Powell’s defense attorney, requested a motion of severance because she requested a competency evaluation for Powell. According to Harden, she has not been able to get Powell to cooperate with her.

Powell was found incompetent in May.

DC Superior Court Judge Danya Dayson said she will rule on the motion after she receives Powell’s results. 

Both defendants are scheduled for a hearing to discuss the severance motion on July 13.