DC Superior Court Judge Andrea Hertzfeld ruled on the admissibility of evidence in a four co-defendant carjacking case on Oct. 31.
John Gear, 21, Jayquan Johnson, 20, Lee Johnson, 20, Marquis Alston, 20, are charged with counts of assault with a dangerous weapon, assault with intent to commit robbery while armed, robbery while armed, robbery, and possession of a firearm during a crime of violence in connection with their alleged involvement in an armed robbery and carjacking on the 1700 block of New Jersey Avenue, NW on April 16.
The prosecution said they intend on using a gun allegedly found in Gear’s residence during a search warrant as evidence during the trial. They argued that the gun is instrumental to their case, as this was an armed carjacking.
Alvin Thomas, Gear’s defense attorney, argued that while this gun was found in his client’s residence, there is not enough evidence that it was the gun used in the incident. Jayquan’s attorney, Kevann Gardner, further argued that the gun, which is a black handgun, matches the description of the vast majority of firearms in DC. He argued that admitting the gun into evidence would be prejudicial.
Judge Hertzfeld decided that the gun can be used in trial because a witness will testify about it.
Other evidence the prosecution intends to use was also at issue.
Judge Hertzfeld ruled that two photos of Gear with a gun can be used to connect his gun to the carjacking. Thomas argued that the photos are prejudicial, but the prosecution argued that its value for their case outweighs prejudice.
She also allowed the prosecution to use text messages from Alston where he talked about the cost of a gun because they were sent near the time of the incident.
Judge Hertzfeld did not admit text messages from Jayquan talking about a separate uncharged robbery due to its being potentially prejudicial.
The prosecution also wanted to use Alston’s GPS, which was issued for his release in an unrelated matter, as evidence, arguing that he let his monitor die around the time of the carjacking. Mark Rollins, Alston’s defense attorney, argued that his battery is unrelated to the case. Judge Hertzfeld agreed, saying that the dates in which his monitor was dead are too divergent to use as evidence.
Parties also discussed a wired plea that was previously extended to the defendants, but did specify the terms. In order to accept the plea, all defendants have to agree. According to Thomas, three of the four defendants wanted to take a plea deal and claim responsibility, so none of them will be able to take it.
Thomas and Gardner argued for the pleas to be separated so their clients can plead guilty and avoid trial. The prosecution said that they will only offer a wired plea.
Judge Hertzfeld agreed with the prosecution’s decision.
“When you commit an armed carjacking with other people, you run the risk of going to trial with those people,” she said.
The trial is set for Dec. 1.
Parties are slated to reconvene on Nov. 20.
