Judge Finds Substantial Probability in Juvenile Homicide Case

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On April 9, DC Superior Court Magistrate Judge Dorsey Jones found substantial probability that a juvenile male was the perpetrator in the fatal shooting of another juvenile at a DC Metro station.

The 16-year-old boy is charged with second-degree murder while armed, assault with intent to kill while armed, two counts of assault with a dangerous weapon, endangerment with a firearm, carrying a pistol without a license, possession of an unregistered firearm, and possession of unregistered ammunition for his alleged involvement in the fatal shooting of 14-year-old Avion Evans on April 4 at the Brookland Metro Station on the 800 block of Monroe Street, NE.

Responding officers from the Metro Transit Police Department (MTPD) and the Metropolitan Police Department were able to identify Evans at the scene because two witnesses and a family member, who were present, told MPD his name.

The detective testified that the Office of the Medical Chief Examiner (OCME) ruled the cause of death a single gunshot wound that entered Evans right shoulder and went across his chest.

According to the detective, video footage of the incident shows two groups of kids, which included Evans and the shooter’s two friends, fighting. As the two groups merged into one, the shooter, who was standing away from the melee, pulled out a gun from his waistband, pointed it at Evans, who was the closest in proximity, and fired.

Evans was allegedly seen running towards the escalator before collapsing. He succumbed to his injuries at the scene.

The detective testified that the defendant and his two friends had arrived at the NoMA station and left the Brookland station after the shooting together.

A “be on the lookout” (BOLO) was released by MPD with images recovered from surveillance footage from the Fort Totten Metro Station, which depicted the alleged shooter on the morning of the incident.

According to the detective, an individual called in a tip, identifying the defendant as the suspect. The caller, who corroborated the defendant’s name, date of birth, and school, told the detective she had spent some time with the defendant the day before Evans’ murder.

MPD was also able to identify the defendant as a suspect based on his school-issued metro card, which was utilized to go into the Fort Totten Metro Station on the morning of the incident.

The defendant had never had contact with law enforcement prior to this incident, and had been interviewed by police on April 9 when he turned himself in with a lawyer, the detective said.

Defense attorney William Howell asked if other individuals on the platform were in possession of any weapons, the detective testified no other individual had weapons on them, as depicted by the video.

“This was all very quick,” the detective said when asked about the timeline of the incident between the physical altercation and the shooting.

According to the detective, Evans’ friend had been the first to throw punches at the boy’s friend, which led to Evans throwing punches at the other friend, and ensued the melee.

He also testified that no one had been between Evans and the boy when the shots were fired.

“No one tried to punch or approach [the defendant],” said the detective, stating he had not been part of the original altercation.

Prosecutors argued Judge Jones should find substantial probability based on the evidence, testimony, and the defendant’s action of voluntarily turning himself in.

However, Howell argued the prosecution had failed to meet their burden of proof, stating that the shooting was a reaction to the physical altercation, and the shooter had not known he was going to fire the gun.

He requested that if the judge was to find probable cause, it be for reckless homicide and not second-degree murder while armed.

Howell also argued there is no way to prove that the shooter matched the BOLO image.

The judge found substantial probability for the murder, assault with intent to kill, one of the assault with a dangerous weapon charges, and the carrying a pistol without a license charge, stating that the boy had acted with a conscious disregard for bodily injury and death.

Judge Jones also found probable cause for all other charges, saying there was not enough evidence to prove that the juvenile was acting in the defense of a third person. No one else was in possession of a weapon at the time of the incident, and the defendant’s two friends were not injured, she said.

As for the boy’s release, Judge Jones stated that although he had no prior contacts with the law and has ample family support, the gravity of the offense and it occurring on a public Metro platform supported the argument that he is a danger to the community.

“This is the most serious offense,” said Judge Jones, ruling no combinations of release would guarantee the community’s safety, adding that the defendant could have injured a bystander.
Parties are slated to return April 12 before DC Superior Court Judge Kendra Briggs.

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