Judge Denies Shooting Defendant’s Acquittal Motion

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DC Superior Court Judge Robert Okun denied a shooting defendant’s motion for judgment of acquittal during a trial on Oct. 24.

Juan Peterson, 34, is charged with first-degree murder while armed, three counts of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, two counts of accessory after the fact while armed, and second-degree cruelty to children.

The charges stem from his alleged involvement in a mass shooting on May 15, 2021, on the 3900 block of Minnesota Avenue, NE, that killed 28-year-old Lester Howard and injured three other individuals.

During the hearing, defense attorney, Daniel Kovler, filed two motions for judgment of acquittal on the charges of first-degree murder and cruelty to children. Kovler argued the prosecution has failed to meet their burden of proof that Peterson premeditated Howard’s murder.

The prosecution rebutted explaining that even if Peterson only planned the attack in seconds, he acted with intent to kill. The prosecutor further argued that Peterson was driving the vehicle used in the murder and evidence proves he had clear ties with the shooter.

Kovler also filed a motion for judgment of acquittal on the charge of cruelty to children, arguing that there was no evidence that bullets went near a child.

The prosecution responded that one of the surviving victims was pushing her child on a stroller at the time of the incident, and the shot that injured the mother was in close proximity.

Judge Okun denied a judgment of acquittal, stating the prosecution had met its burden of proof and a reasonable jury could convict Peterson of both charges.

The prosecution called an FBI special agent as an expert witness, who discussed the defendant’s cell phone messages and location on the day of the incident. According to the agent, Peterson’s phone’s location placed him in the general area of the scene at the time of the incident, although it is not possible to pinpoint his exact location.

The agent also testified that a license plate reader caught Peterson’s vehicle in the area of the incident at the time of the shooting.

The defense called on Peterson’s cousin, who testified that he was close with Peterson but had no knowledge of the incident.

The witness, who is incarcerated in connection to an unrelated incident, explained that Peterson was supposed to pick him up on the day of the incident but never did. He added he never figured out why Peterson stood him up.

Parties are set to reconvene on Oct. 28.