Judge Finds Probable Cause In 2023 Stabbing Death and Denies Release

By , Hypatia Fitzsimons [former] - November 15, 2023
Daily Stories | Homicides | stabbing | Suspects | Victims |

On Nov. 15, DC Superior Court Judge Marisa Demeo found the prosecution established probable cause in a stabbing homicide. 

Stephen Herring, 23, is charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of 30-year-old Marcus Thurman at the 100 block of M Street, NE, on Aug. 22. 

According to court documents, Thurman was stabbed once in the chest with a knife and transported to Washington Hospital Center, where he later succumbed to his injuries on Sept. 4. 

The prosecution called the Metropolitan Police Department (MPD) lead detective, who had identified Herring as the suspect.

The detective explained a witness mentioned they thought another witness lived on the third floor. Upon arriving at an apartment on the third floor, the detective recalls the door being broken. 

He looked through a hole in the door and allegedly saw Herring but could not enter since the door was barricaded. He was quite shocked seeing the suspect, saying, “I had no clue he was going to be there.”

According to the detective, he heard a noise after he knocked and presumed it was the defendant fleeing the apartment through the window to a courtyard area. Roughly 10 minutes later, an officer found Herring. The detective said Herring’s mood switched quickly from wild and aggressive to crying. 

During cross-examination, defense attorney Joseph Yarbough asked the detective why the 911 caller was not recorded as a witness. The detective said the caller was a security guard who did not see the stabbing. 

The defense questioned the prosecution’s witnesses’ credibility because he could benefit from the testimony,

According to the prosecution, the incident started as a verbal altercation, and allegedly, Herring went back inside and grabbed a ski mask and knife, stating it was a “well-thought-out job.” 

The prosecutor added a comment, “You don’t bring a knife to a fistfight,” emphasizing how violent the altercation became. 

Yarbough outlined alleged inconsistencies with witness statements, identifications, and gaps in the prosecution’s timeline. He further criticized the prosecution’s claim that Herring fled the apartment building after the stabbing, saying, “Nothing shows him coming back in the building…he never left; he was there the whole time.”

The defense then asked Judge Demeo to consider lowering the charge if probable cause was found to voluntary manslaughter based on “adequate provocation” ensuing a “heat of passion.” 

Judge Demeo denied that request, stating “there is no mitigation” and the nature and circumstances of this case “constitute second-degree murder while armed with a knife.” 

Both parties spoke about release status, with the prosecution stating the “troubling” aspects of this case and previous criminal history require detainment to keep the community safe and ensure Herring’s presence at future court dates. 

Defense counsel Hannah Claudio provided the prosecution and Judge Demeo with character statements from community members and Rehabilitation Services supporting home confinement with GPS tracking. Claudio discussed her client’s “incredibly tough upbringing” and mental health challenges as factors for release. 

The defense also noted none of her client’s prior offenses had been felonies or involved firearms.

Judge Demeo denied the request for release due to Herring’s history of assaults, including domestic violence charges, and revoked probation and bench warrants on multiple other cases. 

Herring got emotional as the hearing presided, turning to his cousin to say “I love you, before being taken back jail. 

The parties are expected back in court on Jan. 8, 2024.