Judge Denies Motion to Turn Over Evidence in Milk Crate Shooting Case

By Kiliane Gateau - March 19, 2024
Daily Stories | Non-Fatal Shooting | Shooting | Suspects |

On March 19, DC Superior Court Judge Andrea Hertzfeld rejected a defendant’s motion to compel the prosecution to disclose exculpatory evidence in a non-fatal shooting case. 

Diandre Caesar, 29, is charged with assault with a dangerous weapon and two counts of possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting incident that occurred on June 28, 2022, on the 2200 block of New York Avenue, NE. No injuries were reported. 

According to court documents, Caesar allegedly discharged a firearm at a vehicle occupied by the complainant, his girlfriend, and their infant son, hitting the vehicle’s trunk and rear bumper. The shooting allegedly followed a verbal dispute between Caesar and the complainant over a milk crate.

The complainant told officers from the Metropolitan Police Department that he had thrown a milk crate that was in his way over a fence unaware that Caesar had previously thrown the crate over the property line fence where the victim was working. 

A confrontation ensued, after which the complainant returned to his vehicle. He claimed that while attempting to drive onto New York Avenue, an individual identified as Caesar approached, banged on the rear right window near where his son was seated, and kicked the door, before firing shots.

Caesar’s defense attorney, Joseph Fay, filed a motion to compel exculpatory evidence on Feb. 27, arguing that the prosecution failed to investigate the victim’s alleged drug dealer as a suspect in this case. 

Through their filing, the defense claims that the victim’s drug dealer, who was a suspect in an unrelated shooting matter on Feb. 16, 2023, was present at the time of the incident and could’ve been the shooter.  

At a trial readiness hearing on March 18, defense attorney Joseph Fay filed a Brady motion, requesting body-worn camera footage from the search, names of the victim and witnesses from the February 16 shooting, and information on whether the suspect was an informant. The prosecution opposed, citing the lack of direct relevance between the cases.

On March 19, Fay sought additional time to investigate the February 16 shooting, arguing that the drug dealer’s claims connected him to both cases. He also requested to interview witnesses from the February shooting, which Judge Hertzfeld denied, maintaining the lack of relevance between the cases based on ballistic evidence.

The prosecution contended that the drug transactions in both cases were unrelated. 

Ultimately, Judge Hertzfeld denied the defense’s motion to compel, citing insufficient evidence to link the cases and emphasizing the speculative nature of such a connection.

The parties are scheduled to reconvene on March 26.