Judge Denies Motion to Dismiss Indictments in Murder Case

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DC Superior Court Judge Milton Lee denies a motion to dismiss indictments in 2015 murder case. 

Joseph Brown, 32, and his former co-defendant, Rondell McLeod, 29, are charged with first-degree murder while armed in connection to the deaths of Amari Jenkins, 29, on Aug. 15, 2015, and Antwan Baker, 21, on Nov. 12, 2015. 

McLeod’s defense attorney, Steven Kiersh, and Brown’s attorney, Brian McDaniel, filed motions to dismiss the indictments against the two as a result of errors with ballistic evidence. The Department of Forensic Sciences (DFS) made a false determination based on ballistic evidence that was presented to a grand jury. DFS incorrectly linked the bullets found at the two different crime scenes. 

Kiersh requested to dismiss the indictments for his client on May 1, 2020. McDaniel, joined the motion to dismiss on Apr. 6, 2021. 

“The amount of information presented apart from the false ballistics report was substantial,” said Judge Lee. “I cannot dismiss this indictment because there still remains evidence that proves probable cause.”

Evidence given to the grand jury included numerous eyewitnesses, forensic pieces, and camera footage that linked Brown and McLeod to Jenkins’ and Baker’s deaths.

In addition to two counts of first-degree murder while armed, Brown is also charged with conspiracy, four counts of possession of a firearm during a crime of violence, assault with intention to kill while armed, aggravated assault knowingly while armed, and two counts of unlawful possession of a firearm with a prior conviction. 

McLeod is also charged with two counts of first-degree murder while armed, conspiracy, four counts of possession of a firearm during a crime of violence, assault with intention to kill while armed, and aggravated assault knowingly while armed.

Judge Lee scheduled a status hearing for Oct. 12.