Homicide Defendant Claims Self-Defense in ‘Street Brawl’ Shooting

By Rhiannon Little [former] - August 16, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

On Aug. 16, DC Superior Court Judge Rainey Brandt continued a preliminary hearing to review surveillance footage before ruling on probable cause in a 2023 homicide case.

David Pena, 46, is charged with second-degree murder while armed for his alleged involvement in the shooting of 24-year-old Maurice Robinson that occurred on June 12, on the 2900 block of Southern Avenue, SE. Robinson succumbed to his injuries on June 13 at a local hospital.

At the hearing, the prosecution called a responding Metropolitan Police Department (MPD) officer to the witness stand. During direct examination, the officer described the events based on witness accounts and the footage.

The witness discussed surveillance footage from a nearby apartment complex that captured the incident.

The surveillance video, which was shown in court, shows Robinson and his family members exiting two SUVs from a nearby parking lot and walking toward the scene. According to MPD documents presented by the officer as part of his testimony, the individuals traveled to the scene with the intention of a physical confrontation with Pena’s daughter.

Footage from another angle shows the confrontation as it moved into the street. Several of Pena’s family members as well as Robinson’s associates were seen getting involved in the fight. Judge Brandt described the incident as a “street brawl.”

According to court documents, the fight occurred outside the apartment complex where both Pena and his daughter reside. One of Robinson’s family members is known to have been engaged in an ongoing dispute with Pena’s daughter.

At one point in the video, the witness said members of Robinson’s group were seen “stomping on [Pena’s daughter’s] head.”

As the confrontation progressed, Pena was seen moving around a parked vehicle next to the scene and out of the surveillance camera’s view. Robinson was seen moving in that same direction shortly after.

After both Pena and Robinson re-entered the camera’s view, Pena was seen firing several shots at Robinson as he ran away. Robinson ran to a nearby parking lot where he collapsed and was taken to the hospital by his family members.

The prosecution also brought up an alleged arson still being investigated that occurred the day after the shooting at the apartment complex where Pena lives.

Pena’s defense attorney, Dana Page, clarified the relationships between the individuals seen in the footage, separating members of Pena’s group from those who were part of Robinson’s. She discussed the interviews that MPD officers conducted both at the scene and at the hospital.

Page said the individuals from Pena’s group had been very cooperative with detectives and their statements were consistent with the surveillance footage, while individuals from Robinson’s group were not entirely up-front about their role in the fight.

After the witness’ testimony, parties began their arguments. The prosecution asked Judge Brandt for a ruling of probable cause for second-degree murder while armed. They said this is “not an identity case,” as it is clear Pena fired multiple shots at Robinson in rapid succession.

The prosecution further argued that since Robinson sustained four gunshot wounds to his back as he was running away from Pena, the defendant was not acting in self-defense at the moment he fired the gun.

The defense, meanwhile, said the video shows another story entirely, where Pena is trying to break up the fight and gets knocked down in the process. They said Pena tried to leave the scene, Robinson chases him, and then Pena begins shooting.

Page said Pena is clearly acting to defend himself and his daughter, as he was being chased and his daughter was allegedly being attacked. She asked for no finding of probable cause and Pena’s release.

The prosecution responded there is no indication that Robinson runs at Pena. They also said that the assault on Pena’s daughter occurred before Pena started shooting. They said Pena was the one who escalated the fight by bringing out a gun and firing it multiple times.

Parties are expected back on Aug. 17 to hear the court’s ruling.