Judge Denies Request to Release Homicide Defendants Suspected in ‘Spree of Robberies’

By Kasey Nguyen [former] - November 6, 2023
Daily Stories | Homicides | Juveniles | Robbery | Shooting | Suspects | Victims |

On Nov. 3, DC Superior Court Judge Eric Glover detained homicide defendants as they await further proceedings. 

Marlan Smith Jr., 16, and Anthony Monroe, 17, are charged with one count of first-degree felony murder while armed, one count of assault with a dangerous weapon, felony destruction of property, and five counts of robbery, for their alleged involvement in the fatal shooting of 17-year-old Antonio Cunningham on Sept. 11 on the 2300 block of Washington Place, NE, during an alleged armed robbery. The incident also left an adult male suffering from gunshot injuries. 

Under Title 16 of the federal law governing DC, the defendants are being charged as adults.

According to surveillance footage collected by the Metropolitan Police Department (MPD), the defendants are seen parking an SUV in front of the 2300 block of Washington Place, NE, where a Jersey Mike’s and a Chipotle are located. 

Three suspects wearing masks got out of the vehicle and approached Cunningham and his friend who were standing in front of Jersey Mike’s. Surveillance footage shows one suspect holding a firearm while a second suspect was holding Cunningham against a wall, allegedly attempting to rob him. The suspects removed the shoes that Cunningham’s friend was wearing and he fled the scene in an attempt to get away.

A separate individual with a legally owned gun approached the suspects, while Cunningham was being held against the wall. One suspect fired multiple shots and the separate individual who approached them was shot in the left flank area and middle left chest. Cunningham was struck in the head and fell to the ground. The second victim fled into Chipotle and requested that someone call 911.

The suspects are seen fleeing the scene of the crime and according to court documents, three 911 calls were made after the shooting occurred. 

According to court documents, Smith and Monroe were allegedly identified as suspects in the robbery by a Metropolitan Police Officer (MPD) officer who has known the defendants for approximately two-and-a-half years.

Stephen Logerfo, Monroe’s defense attorney, alerted the court his client is pleading not guilty to all charges. 

Thomas Key, Smith’s defense attorney, also alerted the court his client pleads not guilty to all charges.  

Both attorneys requested Judge Glover not find probable cause, arguing there is not sufficient evidence to connect Monroe and Smith to the scene. According to Key, the alleged victims did not identify Smith as a suspect and the only individual that did was an MPD officer. Key argued that this was not enough evidence to tie the defendant to the robbery. 

The prosecution countered saying the defendant’s are alleged to have gone on a “spree [of] robberies” prior to the shooting. In addition, the prosecution argued that the MPD officer provided a “benefit of someone with a familial familiarity,” strengthening his identification of the defendants. 

Judge Glover found probable cause for Smith and Monroe’s alleged involvement in the armed robberies and homicide.

Logerfo requested that the court release Monroe as he does not have a prior criminal history, he lives with his mother, and believes that he would be able to follow home confinement orders. Key adopted the same request as Logerfo for Smith. 

The prosecution refuted the defense’s claims by stating that neither defendants are “good candidates for release”. 

Judge Glover denied the defense’s request for release, stating that he “does not believe that the court could craft any conditions that would ensure the safety of the community,” arguing both defendants were found with firearms in their vehicles upon arrest on Nov 2. 

Smith and Monroe are expected to appear before DC Superior Court Judge Robert Okun on Dec. 4 for a preliminary hearing.