Judge Finds Credible evidence for Probable Cause in Homicide Case

By Izabella Apodaca [former] - October 22, 2023
Court | Daily Stories | Homicides | Non-Fatal Shooting | Shooting | Suspects | Victims |

On Oct. 18, DC Superior Court Judge Rainey Brandt found probable cause that a defendant was the perpetrator in a homicide case. 

Jaleil Jones, 18, is charged with first-degree murder while armed for his alleged involvement in the murder of 44-year-old Robert Lavender on July 17, on the 600 block of Monroe Street, NE. 

Following three days of arguments in the preliminary hearing, Judge Brandt delivered her ruling for probable cause.

Judge Brandt found the Metropolitan Police Detective (MPD) who was called to testify regarding his involvement in the investigation to be a credible witness. 

She stated that there are three types of identification present that reveal the defendant as the suspect: First, there was an in court identification by the MPD detective; then Jones placed himself in the area of the incident when questioned by police; and, finally, Jones identified himself as the person in a video when shown a still image of footage taken from the area of the incident.

There are three witnesses that describe the shooter wearing some kind of black shirt, which is similar clothing to Jones on the night of the incident. 

Another witness who was an acquaintance of Jones, identified the defendant from a video shown to them by police. 

Metro footage shows suspect one, who was identified as Jones, wearing the same kind of black jacket that is displayed in an Instagram photo that was posted by the defendant. Judge Brandt stated that at the identification level, there is probable cause. 

In discussing an alleged robbery, a witness reported that the decedent always carried a black and white crossbody bag that contained a nine millimeter handgun. 

Citing one of the prosecution’s exhibits, Brandt states that suspect two, who has yet to be identified, is seen walking away from the area carrying a black crossbody bag that he did not previously have. Jones is then seen approaching Lavender with his arm extended and something in his hand that moves in an upward motion. Lavender is then seen staggering and Judge Brandt stated that the court has made a reasonable inference that Lavender was shot in the head.  

In surveillance footage, Jones is seen dropping contents of Lavender’s wallet onto the floor, which was later identified by MPD as Lavender’s belongings. In seeing all surveillance footage, Judge Brandt stated Jones caused Lavender’s death while attempting to commit a robbery. 

Brandt argued that the suspects never separate from each other and never attempt to dissociate. Thus, there is probable cause for aiding and abetting, meaning they assisted and encouraged one another to commit the crime. 

Judge Brandt affirmed that the weight of the evidence has substantial probability findings and “if put in front of a jury, they may be able to find [you guilty] beyond a reasonable doubt”. 

Following the ruling, Jones’ defense attorney, Kevann Gardner, requested Jones be released on personal recognizance, high intensity supervision, or home confinement as he awaits trial. Gardner asserted that Jones has a very limited criminal history and has a very strong family support system with a younger brother who depends on him. 

The prosecution responded by stating that under a new condition recently passed by the city, due to a surge in crime and violence, there is a presumption that there are no conditions that would allow for the safety of the community if a defendant that utilized a gun during a crime is released. The prosecution stated that Jones poses a “grave, grave danger” to the community if released and therefore they requested he be held. 

Judge Brandt stated that she does not believe family ties adequately rebut the danger argument, stating that the nature of the crime committed is random. She addressed Jones stating, “You could have walked away but Lavender was shot in a random, senseless act of violence.”

Judge Brandt stated that even if the court assumed that it was an accident, Jones did not render aid or call 911. She stated that the crime was “brutal and cold-hearted.”

Citing the evidence presented by prosecutors, in conjunction with an Instagram post that Judge Brandt classified as “showboating” love for a gun that was posted by Jones, she found that Jones is a danger to the community and will remain detained. 

A felony status conference is scheduled for Dec. 14 in front of DC Superior Court Judge Maribeth Rafinnan.