Judge Finds Probable Cause for Murder Case, Releases Defendant

By D.C. Witness Staff - September 3, 2020
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

A DC Superior Court judge ruled that a murder case has enough evidence to go to trial, but released the defendant under the High Intensity Supervision Program (HISP.)

Rashad Johnson, 20, is charged with first-degree murder while armed in the the death of Senquea Whitley. The 27-year-old victim was shot to death on July 13 on the 3900 block of Clay Place, NE. 

Judge Todd Edelman ruled that the case had probable cause, citing footage from multiple surveillance cameras and a Metropolitan Police Department (MPD) officer’s identification of the suspect as Johnson. Judge Edelman also cited multiple photographs on the defendant’s phone showing him with a handgun fitting the description of the murder weapon. 

Although Judge Edelman did find probable cause, the lack of eyewitness identification combined with the inconsistencies between Johnson and the shooter seen in the surveillance footage led Judge Edelman to release the defendant on HISP until his next court date.

Johnson must comply with GPS monitoring and orders to stay away from the 3800 Block of Minnesota Avenue, NE. He will also have a 10:00 p.m. to 6:00 a.m. curfew. 

During the Sept. 2 preliminary hearing, the prosecution showed multiple surveillance videos from a Subway restaurant off Minnesota Avenue, NE. The footage showed a male suspect wearing distinctive white Nike sneakers, a black t-shirt with the words “I Can’t Breathe” on its front and a face mask. The man walked through a McDonald’s parking lot before crossing the street to Clay Place, NE.

Once across the street, the suspect appeared to fire three shots at the victim, who was later pronounced dead on scene. The gun in the footage appeared to be a black and silver handgun. The suspect was then seen riding a bicycle to the north before turning onto Benning Road, NE, and then later seen passing The Shrimp Boat restaurant on East Capitol Street, NE.

An MPD detective testified that another MPD officer who arrested Johnson in 2019 identified him as the suspect.

Johnson’s defense attorney, Jeffrey Stein, pointed out that the only person to identify Johnson was the MPD officer who arrested him in 2019. None of the seven eye witnesses could positively identify Johnson as the shooter, only the distinctive white shoes and black shirt worn by the shooter.

When Stein asked the detective how sure the identifying officer was about the shooter being Johnson, he responded by saying “90 percent sure.”

The prosecutors also asked the detective questions about the information collected from Johnson’s phone. The defendant’s phone showed Johnson with a similar black and silver handgun in multiple photos and Instagram posts. 

When Johnson was interviewed after the arrest, he said the photos were not taken by him and that he didn’t own a black and silver handgun. 

Stein argued that the suspect seen in surveillance footage wasn’t wearing a gold necklace that is present in nearly all of Johnson’s photos. He also argued that none of the eye witnesses had seen tattoos on the shooter when Johnson has numerous tattoos on his forearms. 

Stein went on to point out Johnson’s use of his left hand for writing during his interview with MPD officers. Johnson said he is left-handed. The shooter seen in the video is using his right hand to text outside of the Subway restaurant and later shoots the victim using his right hand. 

Stein also said the police failed to find the black and silver handgun, the distinctive Nike shoes or the t-shirt with the words “I Can’t Breathe” on its front in Johnson’s home after obtaining a search warrant.