Judge Establishes Probable Cause

By D.C. Witness Staff - January 27, 2020
Court | Daily Stories | Homicides | Juveniles | Suspects | Victims |

A judge  ruled Jan. 24 that the prosecution established probable cause. However, due to issues with a witness’s statements, the judge could not find substantial probability.

J’Whan Simpson is charged with first-degree murder while armed for allegedly shooting Domonique Franklin, 16, on Aug. 30, 2019, on 200 block of M St., SW. Simpson, 17, is being tried as an adult.

District of Columbia Superior Court Judge Juliet McKenna  said that because of the inconsistencies in the witness’s statements, including a nickname that lacked validation, she could not find substantial probability that Simpson would be convicted by a jury.

Judge McKenna granted the defense’s request for release on the grounds that Simpson is a juvenile who turned himself in.

“I will give you the benefit if the doubt,” Judge McKenna said.

Simpson was released to the high intensity supervision program with stipulations, including the fact that he is not allowed to return to DC without his lawyer. There are other stipulations connected to Simpson’s release that were not disclosed in open court.

The prosecutor objected on the grounds that the victim was cooperating with the prosecution in another case. The prosecutor also said there is further evidence, in Virginia, that the suspect is involved in criminal offenses, namely grand larceny and theft. 

According to defense attorney, Rachel Cicurel, the prosecution’s case relies on the testimony of one witness who supplied authorities with contradicting statements.

Cicurel also said the witness’s identification of the murder defendant by his nickname,”Sixteen,” was unconfirmed. The defense attorney said the witness’s confirmation was based on hearsay. 

A felony status hearing is scheduled to occur on Feb. 8. 

This article was written by Lea Gianasso.