Judge Declines 2nd Motion for Release in Juvenile’s Murder Case

By D.C. Witness Staff - August 20, 2020
Court | Daily Stories | Homicides | Juveniles | Shooting | Suspects | Victims |

On Aug. 20, a DC Superior Court judge declined the defense’s second motion to release a juvenile who is charged with first-degree murder.

The juvenile allegedly shot 36-year-old Antonio Gardiner, who resided in Oxon Hill, Maryland. The murder occurred on July 4 outside a McDonald’s in Washington, DC, according to court documents.

Defense counsel told the judge that the prosecution inaccurately stated that the juvenile was under supervision for a gun offense at the time of the homicide when he was actually under supervision for two robbery offenses and a destruction of property offense.

Even so, DC Superior Court Judge Andrea Hertzfeld’s said no circumstances had changed, from the first time she denied the motion on Aug. 4, to warrant release.

The defense also filed a motion for the judge to reconsider her decision to allow the prosecution to conduct a buccal swab on the juvenile.

According to the defense, new information came to light that there was rain on July 6, which was the day police recovered a gun believed to be in possession of the juvenile and used during the homicide.

Given the new information about the weather, defense counsel requested Judge Hertzfeld deny DNA testing, saying the prosecution could no longer show a high likelihood of the gun being connected to the juvenile through DNA.

The prosecution said body-worn camera footage from officers show they took care to keep the gun covered from the rain, believing there would still be usable DNA on the gun.

Judge Hertzfield denied the defense’s motion to reconsider during the hearing.

The prosecution told the judge that a plea deal was extended to the defense before the hearing.

However, defense counsel said a decision on the offer could not be made until all evidence was received from the prosecution. The prosecution’s investigation is still ongoing.

Given the ongoing collection of evidence and that DC Superior Courts are remaining remote until at least Nov. 9 due to the COVID-19 pandemic, Judge Hertzfeld vacated the initial jury trial and set another hearing for Sept. 30.