Judge Denies Severance Request in a Deadly Mass Shooting

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DC Superior Court Judge Neal Kravitz denied a severance request from one of two defendants charged in a 2021 mass shooting that left one man dead and three others injured outside a convenience store in Southeast DC, during a hearing on June 6. 

Aaron Adgerson, 21, and Terrance Oxner, 26, are charged with conspiracy, two counts of first-degree murder premeditated while armed, aggravated assault knowingly while armed, three counts of assault with intent to kill while armed, and two counts of assault with significant bodily injury while armed. Their charges stem from their alleged involvement in a Jan. 25, 2021, shooting on the 1400 block of Marion Barry Avenue, SE. 

The incident resulted in the death of 22-year-old Edward Wade

Prosecutors allege that Oxner exited a stolen white Honda Accord and began shooting, while Adgerson posed as a lookout and helped identify the target. 

During the hearing, Adgerson’s defense attorneys, Michael Madden and Stephen LoGerfo, motioned for severance, arguing that he should be tried separately due to his lesser role in the incident. They referenced video surveillance in which Adgerson left the vehicle before the shooting to allegedly purchase marijuana and reentered shortly after. 

According to Madden and LoGerfo, a witness is expected to testify that Adgerson frequented the area to purchase marijuana and was not involved in the shooting. 

Adgerson’s defense proposed severance due to conflicting defense theories and a disparity in the evidence, with Oxner’s counsel, Madalyn Harvey, expected to cross-examine and attempt to discredit the witness in court. Prosecutors responded that it is unlikely for a jury to convict Adgerson solely due to the conflict in the defense. 

Responding to the alleged disparity, prosecutors cited fingerprint evidence on the removed license plate of the stolen car and a Metropolitan Police Department (MPD) officer from the Seventh District, familiar with Adgerson from previous encounters, who is prepared to identify him in surveillance footage. They argued that there is a significant amount of evidence supporting Adgerton’s role as a co-conspirator. 

Judge Kravitz denied the severance motion without prejudice, stating that although Oxner allegedly played a more direct role in the shooting, the conspiracy evidence against Adgerson remains substantial. He noted that even if the trials were severed, the same evidence would be presented.

A status hearing is scheduled for Oct. 17.