Judge Denies Homicide Defendant’s Motion For Dismissal

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DC Superior Court Judge Neal Kravitz denied motions filed by a homicide defendant, including one to dismiss the case, during a hearing on Jan. 17. 

Tommy Whack, 25, is charged with felony murder while armed for his alleged involvement in the fatal stabbing of 53-year-old Fasil Teklemariam on the 1300 block of Peabody Street, NW on April 5, 2024.

Whack’s attorney, Kevin Patrick O’Sullivan filed a motion to dismiss and a motion for reconsideration of the probable cause finding on Jan. 3, claiming false or misleading testimony by the lead detective. Sullivan argued the prosecution has an obligation to correct or disclose false testimony as his rationale for dismissal.

The prosecution reacted strongly that there was no basis for the motion.

Judge Kravitz stated Sullivan’s motions carried an accusatory tone when there is no evidence to support them. Judge Kravitz believed the most important aspect of the testimony was the ability of the detective to allegedly identify Whack and found no evidence suggesting the identification is unreliable. 

Judge Kravitz denied the motions, arguing it had no legal basis.

The next hearing is scheduled for April 4.