Judge Approves Video Showing Defendant At Shooting Range

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During a Nov. 1 jury trial, DC Superior Court Judge Marisa Demeo denied a motion to exclude a video of a murder defendant at a shooting range.

Derek Turner, 31, and Ronnika Jennings, 44, are charged with first-degree murder while armed, possession of a firearm during a crime of violence, and conspiracy in connection to the shooting of 28-year-old Andrew McPhatter on March 5, 2017, on the 3500 block of Wheeler Road, SE. 

The third co-defendant, 33-year-old, Duan Hill, is charged with conspiracy and obstruction of justice in this matter.

Turner is also charged with first-degree murder while armed for allegedly shooting 23-year-old Devin Hall on Jan. 7, 2017, on the 3500 block of 6th Street, SE. 

Turner’s defense attorney, Michael Madden, introduced motions to exclude three videos that collectively showed a potential association between Turner and a close acquaintance referred to as “Johnson.” 

The videos were taken from Johnson’s Instagram. One allegedly depicted Hill and Turner hanging out together at a shooting range. Prosecutors intended to establish a nexus between Johnson and Turner, while presenting Turner and Hill as regular companions and potential co-conspirators.

Madden argued that the videos were prejudicial, particularly the one taken at the shooting range, because it showed Turner surrounded by firearms and gunshots.  This link between Turner and guns would be impossible for the jury to unsee, he said.

Prosecutors asserted that guns were legal to use at shooting ranges and none of the videos depicted Turner holding or shooting a gun. As such, they maintained that the videos were not prejudicial.

Judge Demeo ruled in the prosecution’s favor and permitted the inclusion of two videos, including the shooting range one. The prosecution opted to withdraw the other video, saying the first two effectively established connections between Turner, Johnson, and Hill.

A data analyst, who analyzed data records for two phone numbers, explained that the software he used can detect the vague region of each phone, as well as which direction it’s facing. However, he said it alone couldn’t pinpoint the user’s exact location, nor their distance from any given location. 

The witness clarified that a more precise location detection would have been possible with timing advance data. However, he was not granted access to that data during his analyses.

The prosecution also called a former construction worker who was shot during the Feb. 22, 2017, shooting on Alabama Avenue. The victim recalled that he “ran for his life and passed out” in a nearby church, before being brought to a nearby hospital. 

The victim said he couldn’t recall what the shooter looked like, as he was too busy running to look back. Prosecutors then read out segments from the victim’s grand jury testimony in which he described the shooter as an African American man. 

The victim also admitted that the shooting had left him “really messed up,” both physically and emotionally. He referenced his daily struggles with numerous mental health issues, including post-traumatic stress disorder, as well as his inability to digest many foods, walk, reach, bend, or use the bathroom normally.

Judge Demeo scheduled the trial to continue on Nov. 2.

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