Judge Allows Murder Defendant to Use a Self-Defense Claim in Trial

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DC Superior Court Judge Anthony Epstein denied the prosecution’s attempt to block the defense from using a self-defense claim in murder trial on July 17.

Jason Lewis, 42, is charged with second-degree murder while armed, two counts of assault with a dangerous weapon, and three counts of possession of a firearm during a crime of violence for his alleged involvement in the shooting of Karon Blake, 13, on Jan. 7 on the 1000 block of Quincy Street, NE.

The prosecutor “vehemently” disagrees that there is a self-defense claim to be made in this case.

In surveillance footage, the prosecution pointed out there are two figures, suggesting that one is Blake,- who are presumably breaking into cars on the street outside the defendant’s home.

The prosecutor claimed that after Lewis came out of his house, armed with a gun, stepped outside his property line, thus giving up his right to claim self-defense.

The prosecution stated that one of Blake’s associates who was outside the car with him, had started running toward the “getaway car” when Lewis fired his first shot, which allegedly hit the car.

That is when Blake started running in the general direction of the defendant, when Lewis admits he shot him.

Lewis’ defense attorney, Edward Ungvarsky, clarified saying that Blake ran “at” Lewis, not in the general direction of the defendant.

The prosecution says the video shows Blake running past Lewis.

Judge Epstein told counsel that the jury can come to its own conclusion on that point. Ungvarsky said he is still looking into the property lines of Lewis’ home to see if he was inside the boundaries during the incident.

Judge Epstein told the prosecution that it would be “inconceivable” that Lewis does not have a self-defense claim in blocking the request.

Also in question was the defense’s motion to compel evidence of Blake’s previous violent acts as a source of potential witnesses. Judge Epstein told the defense that they are right that prior acts of violence are relevant in murder cases, although not sufficient to prove self-defense.

The prosecution said they have not tried to get this information because Blake was a juvenile when the incidents occurred and the information is protected.

Judge Epstein gave the prosecution until July 18 to file a response to the defense request.

Additionally, the defense filed a motion to suppress statements made to the officers at the scene right after the incident as a violation of Lewis’ constitutional rights to be protected against illegal search and search seizure and from making self-incriminating statements.

Ungvarsky argued holding Lewis was illegal because he told police he acted in self-defense, called 911 and performed CPR on Blake.

The prosecution said Lewis was not detained as he had not been handcuffed.

Judge Epstein addressed the defense’s motion to dismiss or stay the case until resolving whether a fair jury can be selected from the community is decided.

Ungvarsky asserted that the legality of the jury must be resolved before trial, as the prosecution has two civilian witnesses from the community testifying.

“I don’t think delaying this trial is warranted,” Judge Epstein told Ungvarsky, the prosecution has a “legitimate interest in a speedy trial” because the victim was a minor.

The parties are set to reconvene Aug. 5.