Co-Defendant Testifies in 2018 Murder Linked to Drug Robbery

By Elizabeth Bernstein [former] - November 8, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

DC Superior Court Judge Maribeth Raffinan ruled there is probable cause a homicide defendant was allegedly involved in a weed robbery that turned into a fatal shooting, during a preliminary hearing on Nov. 6.

Darrion Blake, 28, is charged with first-degree murder while armed – felony murder, for his alleged involvement in the fatal shooting of 44-year-old Denard Orlando Hartwell, which took place on Aug. 18, 2018, on the 4400 block of Livingston Road, SE.

The prosecution asked Judge Raffinan to find probable cause for these charges and called the lead Metropolitan Police Department (MPD) detective on the case as a witness.

The detective testified that there were three total suspects in the case and one was Blake. The detective identified Blake in court.

The prosecution introduced surveillance footage from the incident as evidence and played the video for the court. 

According to the detective, the video depicts a car driving into a parking lot, parking, sitting in the spot for a few minutes, and two suspects exiting the car and heading in the direction of the incident. The detective testified that he believes one of these suspects is Blake.

Additional surveillance footage from a different angle shows the two suspects at the location of the shooting, which is another parking lot. According to the detective, a physical struggle between the suspects and Hartwell is obstructed by glare in the video, but the video then shows the two suspects running from the incident back to the car that dropped them off.

The detective testified that Hartwell was not found in the possession of any weapons and no eyewitnesses saw him with any weapons.

During cross-examination by Blake’s defense attorney, Errin Scialpi, the detective conceded that while eyewitnesses provided a description that seemingly matched Blake, none of the eyewitnesses were given a photo array with Blake and never identified Blake as being at the shooting.

Scialpi introduced the claims of an individual who was referred to as a charged co-defendant involved in the incident that previously entered a guilty plea and was the driver of the car involved in the incident.

He is also charged with first-degree murder while armed for his alleged involvement in the fatal shooting.

According to Scialpi and the detective, this person made statements during an interview following the incident. 

In the interview, the witness stated he was scared of being arrested and deported but that he had driven two guys, one being Blake, to buy weed in DC on the day of the incident.  

He said Blake had texted him asking for a ride to rob the “weed man,” but Blake was not the one who shot Hartwell. Instead, he stated another suspect shot the “weed man” after he resisted the robbery. He also stated that once back in the car, Blake asked the other suspect “why he did that” in reference to the shooting.

Scialpi pointed out the witness told MPD officers he smoked weed that night and could not remember the night well as a result.

Scialpi also questioned the detective about whether anything was done to corroborate his statements, including call logs, messages, and cell site data.

The detective responded that, to his knowledge, nothing of that nature was done to corroborate the witness’ story.

The prosecution asked the judge to credit the witness’ statements because they are consistent with the surveillance footage and there is no “exaggeration” or “embellishment” of any statements.

Scialpi disagreed, and argued the case rests entirely on statements by the witness which are not objectively corroborated, and cited his fear of deportation and arrest as a reason to “exaggerate” or “embellish” the story. 

Scialpi concluded the evidence “doesn’t rise to the level of probable cause.”

After hearing from both parties, Judge Raffinan ruled the prosecution showed there is probable cause for felony murder. Judge Raffinan stated that while the witness may have some bias because he entered into a plea, his ultimate statement combined with the surveillance video and text messages from Blake provide a sufficient case for probable cause.

Following Judge Raffinan’s ruling, Scialpi argued for Blake’s release, stating that he has strong community ties, a child, a long-term relationship, and steady employment as a geotechnical engineer. Scialpi also pointed out that this offense occurred in 2018 and Blake’s only criminal offense since is a DUI where he was compliant with all court orders, so Blake is not a danger to the community.

Judge Raffinan stated that the nature and circumstance of the crime favor detention but the weight of the evidence that Blake was not a shooter and Blake’s strong history and community ties favor release.

Judge Raffinan ordered that Blake be released under home confinement with GPS monitoring with allowance for work.

Parties are set to reconvene on Nov 7.