Judge Denies Motion to Sever Co-defendants in Murder Trial

By D.C. Witness Staff - August 1, 2018
Court | Homicides | Suspects |

On July 31, a DC Superior Court judge denied a motion to sever co-defendants in a murder trial.

Jeremiah Jordan and Jerrell Powell are charged with first-degree murder while armed for the fatal shooting of Antoine Danell McCullough on the 3500 block 18th Street, SE in 2016. The co-defendants are also charged with possession of a firearm during a crime of violence and unlawful possession of a firearm.

According to court documents, McCullough, 30, told witnesses he was assaulted. Area surveillance videos captured three people getting into a verbal altercation with McCullough. The individuals followed McCullough after he tried to leave, and one suspect was seen shooting the victim. McCullough died shortly after.

Powell, 23, was found incompetent to stand trial one month before the proceeding, which was originally scheduled for July 31. Powell’s attorney, Brandi Harden, requested an additional mental competency evaluation for her client and filed a motion to sever the cases based on his incompetent status.

Judge Danya Dayson denied the motion to sever the defendants in an effort to ensure the security of an eyewitness and to avoid holding two duplicate trials. Judge Dayson rescheduled the trial for May 2019.

Subsequently, Ronald Resetarits, Jordan’s defense attorney, argued that Jordan’s right to a speedy trial was violated since Jordan, 28, and Powell’s trial was rescheduled to 33 months after his client’s arrest. To address this concern, Judge Dayson said she would try to reschedule the trial for an earlier date.

Resetarits filed a motion to dismiss the case on the grounds that the prosecution had been withholding evidence and that the evidence was incomplete. According to Resetarits, the evidence was disclosed a week before the trial was originally scheduled, too late to be used during trial.

Judge Dayson denied the motion to dismiss the case given the delayed trial date, which provided the defense with more time “to make use of” the new evidence.

A status hearing is scheduled on Aug. 29.