Judge Allows Limited Evidence of Gang Affiliation in Murder Trial

By Elizabeth Bernstein , Lauren Andreala - November 4, 2024
Daily Stories | Homicides | Suspects | Victims |

DC Superior Court Judge Maribeth Raffinan granted a motion allowing the prosecution to provide evidence that a murder defendant is affiliated with a gang and that the shooting was linked to gang rivalry during a hearing on Oct. 30.

Tony Morgan, 31, is charged with first-degree murder while armed with aggravating circumstances, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and conspiracy, for his alleged involvement in a shooting incident on the 3500 Block of Wheeler Road, SE, on Oct. 20, 2018, which resulted in the death of 19-year-old Malik McCloud. 

The prosecution submitted a motion to admit evidence of Morgan’ affiliation with, “Solid Gang” (SG), and that the motive behind the shooting is linked to gang rivalry. According to the prosecution, this evidence primarily consists of a YouTube video and social media posts of alleged gang members, which include Morgan as part of the group.

Morgan’s attorneys, Megan Allburn and Steven Kiersh, opposed the motion, arguing that evidence of gang affiliation lacks relevance, is prejudicial, and doesn’t clearly show gang affiliation. 

Judge Raffinan cited prior cases that held gang affiliation is admissible if it is relevant to the case, and argued in this case because McCloud was allegedly a member of a rival gang, providing a motive for an otherwise random shooting. 

However, Judge Raffinan ruled that the prosecution’s evidence of a Youtube music video that features the gang, “SG,” is not admissible in its entirety. Instead, Judge Raffinan ruled that various screenshots, social media posts, and social media messages are admissible to prove gang affiliation. 

The defense objected to photos that featured cash, guns, and any linked identification of Morgan because it is “overly prejudicial.” Judge Raffinan ruled that the prosecution must redact these features and that the terms drug-dealer or drug-dealing cannot be used.

The prosecution also submitted a Drew Johnson motion, which would allow them to call a Metropolitan Police Department (MPD) detective during trial to define slang terms used in Morgan’s messages. The slang terms refer to firearms and firearm accessories. 

For example, “eggs” in reference to a message Morgan sent prior to the shooting that stated, “he needs [eight] eggs.” According to the prosecution, “eggs” is slang for ammunition and an MPD detective can testify to this.

Judge Raffinan made a preliminary ruling that the MPD detective can testify to slang terms, citing previous cases where this is a common practice. Judge Raffinan noted that the final ruling will depend on each specific slang term the prosecution plans to introduce, and the prosecution is tasked with connecting conspiracy to Morgan. 

Parties will reconvene on Nov. 4.