Probable Cause Found in Convenience Store Murder

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On Nov. 30, DC Superior Court Judge Robert Okun found enough evidence to put a homicide defendant on trial.

Antwain Ulmer, 18, is charged with first degree murder while armed for his alleged involvement in the death of 30-year-old Charles Sullivan, on the 700 block of Kenilworth Avenue, NE, on July 9. 

During the hearing, Ulmer’s defense attorney, Frances D’Antuono, questioned a Metropolitan Police Department (MPD) detective about the incident, and the detective agreed that Sullivan appeared to be looking suspiciously at Ulmer’s waistband. The detective also agreed that Sullivan was holding onto something on his waistband, but was unable to state whether it was a weapon. 

D’Antuono said prior to the shooting, both men quickly raised their guns, and had a “duel”. After showing the surveillance footage of the shooting in the store, D’Antuono referred to the incident as a “full frontal face off”. 

According to D’Antuono, Ulmer “tried to get away” from Sullivan, quickly backing out of the front door. D’Atuono further questioned the detective about whether Sullivan was posing a threat to Ulmer in this situation, exclaiming that Sullivan clearly never let his hand leave his side.

D’Antuono then referred to an eyewitness of the shooting, who further characterized this incident as a “duel” between the two men.

The detective explained that during the shooting, one of the gun rounds fired at the witness’ shopping basket, causing the witness to drop it, and hide his face in his hands. D’Antuono then asked the detective if he believed the particular area of the city was dangerous, to which the detective responded “I believe that all of DC is dangerous”. 

D’Antuono further questioned the detective about his knowledge of Sullivan’s prior criminal history. The detective explained that he knew Sullivan had a record but that he was unaware of any specific details. D’Antuono explained Sullivan was convicted of assaulting a police officer, as well as being a suspect in a 2015 first-degree murder case.

During their redirect, the prosecution questioned the detective about Sullivan’s gunshot wounds. The detective explained that there were seven, including a wound to the lip, left cheek, right chest, right upper arm, left upper arm, right forearm, groin area, and scrotum. The prosecution exclaimed that this murder occurred in a matter of seconds. 

Additionally, the prosecutor replayed a part of the surveillance footage in the store from before the shooting.

According to the prosecutor, Ulmer is inside of the store, looking outside. The prosecutor then questioned the detective about Ulmer’s actions before Sullivan’s arrival at the store. The prosecutor and detective agreed that it was clear that while Ulmer was looking outside, he switched the hand that his lunchable was in, and pulled up his mask. The prosecutor finished his redirect exclaiming that Ulmer had a clear view of Sullivan for about 15-20 seconds before Sullivan even came into the store, saying Ulmer was “preparing to take action”. 

Judge Okun ruled that in Ulmer’s case there is sufficient probable cause to go to trial.

Parties are expected back on Dec. 20.