‘I Didn’t Want to Kill Him,’ Defendant Says

By D.C. Witness Staff - April 30, 2019
Court | Daily Stories | Homicides | Suspects |

On the ninth day of a murder trial, the defendant told a jury that he didn’t want to shoot and kill a teenage boy.

Derryck Decuir is charged with first-degree murder while armed and obstruction of justice, among other charges, for his alleged involvement in the shooting death of 15-year-old Malek Dayvon Mercer on the 2800 block of 28th Street, SE. There have been two mistrials in the case after the juries could not come to a unanimous decision.

Decuir, 26, told the jury April 29 that he was with two of his “cousins,” at a family gathering before the shooting. He said the gathering was a remembrance ceremony for his father, who passed away unexpectedly the day before.

After the gathering, Decuir said he was waiting at a bus stop with his cousins to go home. He said the group was planning to stop at a local 7/11, first. Decuir said Mercer, along with another young man, were also waiting at the bus stop.

“I remember me making a comment about Malek’s belt. I told him, ‘I’ve got a belt just like that,’” Decuir said. He said he didn’t know the boys’ names at the time.

Decuir said one of his cousins said, “Why you looking at that man’s butt?” Decuir told the jury it was a joke and he laughed it off.

The defendant said he got on the bus and sat in a “sideways seat in the back” behind Mercer. He said he didn’t sit there for any particular reason.

When the boys got off the bus, Decuir said he followed one of his cousins who stood up to get off. He said he was not following the teenage boys and didn’t know there was a bus stop closer to the 7/11.

Decuir told the jury that after he got off the bus, he went to relieve himself.

“I was walking. Malek and [his friend] were in front of me. As I’m walking, they looked back. The second time when they looked back again, Malek had a shotgun in his hand,” the defendant said.

D.C. Witness previously reported that a shotgun shell was found on the crime scene.

“I panicked. I pulled out my gun and shot him before he could shoot me. It happened very fast,” Decuir said. “I didn’t want to kill him, I just wanted to stop him from shooting me.”

Decuir said he lied in his initial interview with police because he didn’t understand the law and didn’t know he could claim self-defense.

“I feel bad. It’s not easy to live with. I feel sorry for his family. I am very sorry he’s not here anymore and there’s nothing I can do to bring him back,” Decuir said.

The prosecution, however, said Decuir was enraged because Mercer “snickered” at his comment about the belt. The prosecution said the joke his cousin made also contributed to the defendant’s anger.

In addition to the comment about the belt, the prosecution also played a video recording from Decuir’s phone where he talked about homosexual posts that were coming up on his social media. Decuir said the posts didn’t make him uncomfortable, but they “irritated” him.

The prosecution also said Decuir’s self-defense story didn’t make sense because Mercer was shot in the back of the neck.

The trial is scheduled to continue on April 30.