Evidence of Gang Affiliation Hangs on Judge’s Ruling in a Homicide

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DC Superior Court Judge Maribeth Raffinan delayed her ruling on a motion to allow the prosecution to present evidence connecting a murder defendant to a gang during a hearing on Nov. 4. 

Tony Morgan, 31, is charged with first-degree murder while armed with aggravating circumstances, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, and conspiracy, for his alleged involvement in a shooting incident on the 3500 Block of Wheeler Road, SE, on Oct. 20, 2018, which resulted in the death of 19-year-old Malik McCloud.

During the hearing, the prosecution filed a motion to introduce evidence that proves Morgan’s involvement in a gang, which Morgan allegedly identified as the Solid Gang on social media. 

Prosecutors produced an image of Morgan holding a substantial amount of money and also wording that references robbing an entity and his disdain for law enforcement, including “F*** the cops.” .

The prosecution insisted that the aforementioned image, along with numerous other photos and stills that reference his alleged involvement with the gang and his disdain for police, proves their argument.

Morgan’s defense counsels, Megan Allburn and Steven Kiersh, objected to the motion.

Kiersh stated the text referencing robbing an entity is hearsay due to the fact that Morgan was never charged with robbery. Furthermore, he stated that the text that can be found in all the pictures is far too profane for the jury and heavily prejudicial.

Allburn added the picture in question was not posted with Morgan’s account, but was rather posted by Martinez Raynor, 24, who was previously severed as a co-defendant from Morgan’s case.

Judge Raffiinan stated she will rule on the matter at the next hearing.

The defense also stated that an individual, who was allegedly connected to the firearms used in the murder, is being called as a witness for the defense but there is a potential Fifth Amendment question of self-incrimination that could arise since he is charged with gun crimes used in the killing.

Allburn and Kiersh requested the witness be brought in with his attorney to discuss his potential testimony. 

Parties are slated to reconvene on Nov. 6.