DC Superior Court Judge Neal Kravitz partially granted a motion for acquittal of an accessory charge for a woman convicted in a mass shooting on Oct. 24.
Toyia Johnson, 53, was convicted of accessory after the fact and tampering with physical evidence for her involvement in assisting other defendants in discarding evidence and avoiding arrest following a mass shooting that occurred on the 600 block of Longfellow Street, NW, on Sept. 4, 2021.
The shooting killed Donnetta Dyson, 31, Keenan Braxton, 24, and Johnny Joyner, 37, and three others were additionally injured.
Mussay Rezene, 32, was convicted on the same charges as Johnson.
Erwin Dubose, 31, Kamar Queen, 28, Damonta Thompson, 28, and William Johnson-Lee, 23, were convicted of conspiracy, premeditated first-degree murder while armed, assault with intent to kill while armed, assault with significant bodily injury while armed, among other charges for their involvement in the mass shooting.
Prosecutors argued throughout Johnson’s trial that she provided the shooters with the car that was used in the shooting, and reported it stolen when Dubose told her to.
According to court documents, Johnson’s defense attorney, David Akulian, first filed a motion for judgment of acquittal in June for both charges, prior to her conviction.
Akulian’s argument revolved around the fact that prosecutors did not have sufficient evidence to support Johnson acted as an accessory to the assault with intent to kill charge against Dubose. He also argued that there is not enough evidence that she actually assisted with the crime and tried to hinder Dubose’s arrest, trial or punishment for that charge.
In a motion hearing on Oct. 3, Judge Kravitz denied the motion for acquittal in regards to the tampering charge, but requested both parties to file briefs for their arguments relating to the accessory charge before making a ruling.
As both parties returned to the courtroom, Judge Kravitz said that he had time to review both briefs, and concluded that the defense had the better argument in regards to the accessory charge.
Judge Kravitz stated that a conversation with a Metropolitan Police Department (MPD) officer from body-worn camera footage when she first reported that the car was stolen was a significant piece of evidence from his decision. The footage captured the officer telling Johnson that the suspected black Honda was used in a “triple murder”, and was the center of Johnson’s motion of acquittal.
Judge Kravitz also said that evidence of telephone conversations between Johnson and Dubose, and MPD press releases and news stories were not sufficient beyond reasonable doubt and speculation.
“Your motion is granted in part, and denied in part,” Judge Kravitz said, as he agreed that her underlying accessory charge would be changed from assault with intent to kill to assault with a dangerous weapon.
Parties are set to reconvene for sentencing on Oct. 30.
