Judge Denies Request to Sever Homicide Co-Defendants’ Case

By Carmen Quinteros , Maria Andrea Morales - April 9, 2024
Daily Stories | Homicides | Suspects | Victims |

On April 9, DC Superior Court Judge Anthony Epstein denied release and refused to sever a murder suspect’s case from his co-defendant’s.

Darius Robertson, 29, and Antonio Hensley, 30, are charged with second-degree murder while armed for their alleged involvement in the death of 33-year-old Andre Robertson. The incident occurred on the 5300 block of Clay Terrace, NE on Oct. 1, 2021.

According to court documents, Darius and Andre are cousins. 

Michael Madden, Robertson’s defense attorney, filed two motions to sever the cases, in which he stated that Robertson would like to call Hensley as a witness, arguing that “the co-defendant [Hensley] would offer testimony that would be exculpatory” regarding Robertson. 

The motion continued also said, “[T] he defendant [Robertson] has a good faith basis to believe [Hensley’s] testimony would contradict the [prosecution’s] expected evidence…” 

Madden also filed a motion stating they should be severed due to Hensley’s attorneys, Kevann Gardner and Terrence Austin, withdrawing from the case, causing the trial scheduled for April 22 to be delayed. 

Madden argued against delaying the trial, and stated if Judge Epstein delayed it Robertson should be released. 

The prosecution opposed the request for release, deeming Robertson a “danger to any community.” 

Judge Epstein denied the motion to sever, deeming it unnecessary to use the same evidence being presented in both cases. Additionally, he argued Hensley would have to go to trial first, delaying Robertson’s trial by years. 

Judge Epstein also denied the motion for release, citing Judge Milton Lee’s previous ruling, which stated there were no conditions of release that would guarantee the community’s safety with Robertson’s release. 

Parties are set to return April 26.