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By
Madelyn Nall [former]
, Natalie Note [former] - November 20, 2024
Daily Stories
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Homicides
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Suspects
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Victims
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A homicide defendant’s attorney told DC Superior Court Judge Maribeth Raffinan that a witness could testify to a dead individual’s alleged culpability in a homicide during a hearing on Nov. 20.
Tony Morgan, 31, is charged with first-degree murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and conspiracy. The changes stem from his alleged involvement in a fatal shooting on the 3500 block of Wheeler Road, SE, on Oct. 20, 2018, which resulted in the death of 19-year-old Malik McCloud.
According to court documents, the incident occurred outside of the Holiday Market on Wheeler Road. Footage obtained from the Holiday Market cameras show McCloud standing in the parking lot when a dark colored Audi SUV pulls up. An individual is seen exiting the passenger side of the vehicle and shooting toward the front of the store, striking McCloud in the chest and lower back.
Court documents also say the vehicle sped away from the Holiday Market after the shooting but circled back around, launching a second gunfire volley. Further investigation and recovery of the suspect vehicle by the Metropolitan Police Department (MPD) revealed that the Audi SUV used by the suspects was stolen.
The prosecution has argued throughout the trial that the killing was the result of a rivalry between two DC street gangs.
Defense attorneys Megan Allburn and Steven Kiersh requested the court to allow a defense witness to introduce an alternative suspect, 23-year-old Keonte Haynesworth, in McCloud’s death. According to the defense, Haynesworth was murdered on July 4, 2019, almost a year after McCloud’s.
The defense explained that the witness would testify that Haynesworth admitted killing someone on the same day.
To introduce evidence of third-party culpability—suspecting another person instead of the defendant—the evidence has to apply to Winfield vs. United States. It states that the evidence introduced doesn’t have to prove that the other party is guilty, but only has to plant reasonable doubt of the defendant’s guilt.
The prosecution objected to the evidence claiming hearsay, which is evidence that includes statements made outside of court, which are inadmissible.
The prosecution stated that if this witness is allowed to testify under a hearsay exception, then they will make a rebuttal case arguing that Morgan is responsible not only for McCloud’s death, but also for Haynesworth’s death.
The prosecutors informed the court that in Haynesworth’s homicide, the gun that murdered him matches the gun used in McCloud’s death. The defense argued there was no DNA or other evidence linking Morgan to that firearm.
Judge Raffinan stated that the claims the witness would testify to does not fall under a hearsay exception, so the defense decided not to call the witness.
Parties are slated to reconvene on Nov. 21.