Judge Denies Defendant's Release for ‘Cold-Blooded Killing of a Friend’

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DC Superior Court Judge Michael O’Keefe found probable cause to proceed with a second-degree murder case and denied the defendant release during a July 18 hearing.

Antonio Johnson, 32, is charged with second-degree murder while armed for his alleged involvement in the death of 21-year-old Marcellus Jackson. The incident occurred on June 20 on the 4400 block of Burroughs Avenue, NE. Jackson suffered one fatal gunshot wound to the back of the neck.

According to court documents, during Johnson’s initial interview, he stated that the incident resulted from a fight over a gun. Johnson stated that Jackson was under the influence of marijuana and speaking about suicidal thoughts. He said the gun went off by accident.

During the hearing, the prosecution called a detective in the homicide branch from the Metropolitan Police Department (MPD) to establish probable cause. The detective was the head investigator for Jackson’s homicide.

The prosecution played surveillance footage from the night of the incident, in which an individual, identified as Johnson, was conversing with Jackson before Johnson pulled a firearm, seemingly from his waistband or pocket.

A voice was heard saying, “Stop playing with me now,” as Jackson was seen walking back from Johnson. The two exited the view of the camera. A single gunshot was heard before Johnson ran into the nearby apartment building covering his face with his shirt. He returned to the scene less than a minute later, and ran outside of the frame of the camera again.

On the video footage, another voice is heard saying “run, bro, run” before picking up audio of a car starting and tires screeching.

The detective testified that a witness reported Johnson entering her apartment and stealing the keys to her car immediately after the shooting. Johnson was found later that day in the witness’ car.

During cross examination, the detective agreed with defense attorney Kevin Mosley that the shooting itself was not captured on camera, as Johnson and Jackson stepped outside of camera view. However, she stated that they were only off camera for less than five seconds.

When asked about the relationship between Johnson and Jackson, the detective stated that the two were “good friends” with no previous “ill will or animosity” towards each other.

Mosley asked Judge O’Keefe to not find probable cause, arguing that the shooting itself was not recorded on video and no witnesses were able to testify to what happened during the shooting, only before and after.

The prosecution claimed that probable cause had been established, arguing that Johnson’s account of the event was inconsistent with the video footage.

In his interview with police, Johnson said there was a fight over the gun, but the gunshot was heard only two to three seconds after Johnson and Jackson left camera view.

Judge O’Keefe found there was probable cause to continue with the case due to the physical evidence, timing of the gunshot, and the fact that Johnson ran away covering his face with his shirt.

Following the finding, Mosley requested that Johnson be released on 24-hour home confinement, arguing that he would not be a flight risk and would be able to stay with his mother. He did admit that Johnson is currently on probation for an incident in Virginia and does not have “the best criminal history.”

Judge O’Keefe denied the request, stating “this appears to be the cold-blooded killing of a friend.”

Parties are slated to return Jan. 17.

Judge Denies Defendant’s Release for ‘Cold-Blooded Killing of a Friend’