Judge Denies Release in Homicide Case Amid Criminal History Debate

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On Jan.30, DC Superior Court Judge Robert Okun denied the release request for a  homicide suspect due to the nature of the crime and the defendant’s characteristics which favored detention. 

Erin Sheffey, 28 is charged with second-degree murder, three counts of possession of a firearm during a crime of violence, and two counts of assault with a dangerous weapon for his alleged involved in the murder of Kwiyon Maddox, 32, on Aug.15, 2021, on the 2100 block of 16th Street, SE. 

During the hearing, defense attorney Rachel McCoy presented video evidence showing Maddox and an associate on a dirt bike speeding down 16th Street, SE, toward V Street, SE. McCoy argued that both individuals were armed and shot at Sheffey first, emphasizing the challenge in determining who fired the initial shot.

“It is clear that both individuals are armed. But you cannot see who shot first,” stated the defense. “Given that there are individuals on a vehicle and armed, it is the defense’s argument that the individuals on the dirt bike shot first,” McCoy added.

McCoy raised concerns about the investigation, highlighting the absence of video evidence showing the other side of the incident. She acknowledged the recovery of shell casings in the area but pointed out the lack of footage from the Good Hope Road area and 16th Street, SE.

The defense also argued that the evidence is neutral and insufficient to prove guilt. McCoy cited a 911 call mentioning a Black Kia, not linked to Sheffey, to support her claim. “The prosecution acknowledges that the evidence is neutral and not strong enough to prove guilt,” she added.

Sheffey’s criminal history was also a point of contention. McCoy asserted that his criminal record doesn’t raise significant concerns for someone his age. However, the government countered by discussing prior convictions involving firearms, drugs, and robberies, all coinciding with the time of the homicide.

McCoy said those arrests were not “papered,” meaning not prosecuted, and asked that the judge not consider them. “Please do not consider those no paper cases, because no paper was filed due to lack of evidence,” she stated.

The prosecution presented footage of an individual identified as Sheffey wearing a blue shirt and a baseball hat on V and U Street, moments before the dirt bike passed through and the shooting occurred. They argued that the defense’s video evidence fails to establish Maddox and his associate as aggressors.

“When you see a video with two people on a dirt bike, you can see that they are not the aggressors. The video shows that the dirt bike hit the floor first before the shooting happened,” prosecutors stated.

They contended that nine shots were fired in the area consistent with Sheffey’s location, and seven shots in the location where Maddox was, to support their claim that Sheffey shot first.

McCoy suggested an alternative scenario, arguing that the dirt bike could have fallen because Maddox and his associate shot first. 

Judge Okun found this claim plausible and agreed with the prosecution to acknowledge Sheffey’s non-prosecuted arrests.

“I agree with the prosecution to give attention to the no paper arrests. The cases involved robberies, where the defendant’s DNA was found, all happening around the time of the homicide,” Judge Okun stated.

Judge Okun ruled in favor of detention, citing the serious nature of the second-degree murder while armed charge and the characteristics of the defendant. 

The next status hearing is scheduled for March 15.

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