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Carolyn Flammini
, Rohan Naval - April 9, 2024
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On April 9, DC Superior Court Judge Maribeth Raffinan denied a homicide defendant’s request to sever his case from a co-defendant.
Rafeal Stevens, 39, and Jermall Johnson, 40, are charged with premeditated first-degree murder while armed, attempted robbery – felony murder, five counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm, among other charges, for their alleged involvement in the shooting death of 50-year-old Aniekobo Umoh on Dec. 29, 2022, on the 2700 block of 7th Street, NE.
Johnson’s attorney, Stephen LoGerfo, previously filed a motion to sever, alleging that Stevens could present exculpatory evidence through testimony, in relation to the felony murder charge. LoGerfo and Stevens’ attorney, Jason Tulley, both made private representations to Judge Raffinan in relation to the prospective testimony.
The court found the testimony for the felony murder charge to be exculpatory and stated that the proffer provided by both attorneys displayed sufficient evidence regarding Johnson’s state of mind during the alleged robbery.
However, the judge did not find Stevens’ testimony exculpatory regarding Johnson’s state of mind about the first-degree murder charge. Judge Raffinan stated that the motion to sever was denied for the first-degree murder charge.
Judge Raffinan also stressed the impact a separate trial would have on the “judicial economy”, in relation to recalling witnesses, a separate jury, and space on the calendar.
Following the ruling, the prosecution alerted the court of their plans to dismiss the addendum of felony murder attached to the robbery charge, to enable Johnson and Stevens to be tried together for first-degree murder.
The prosecution stated that they intend to try both defendants together, and the trial will move as planned in November.
A status hearing is scheduled for July 12.
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