Judge Finds Probable Cause in Botched Robbery

By D.C. Witness Staff - April 4, 2019
Court | Daily Stories | Homicides | Suspects |

During a preliminary hearing April 4, a DC Superior Court judge found probable cause that a defendant was involved in a robbery that resulted in the death of a 24-year-old man.

Gabriel Brown is charged with first-degree murder while armed and robbery while armed for his role in the alleged shooting of Tyrone Johnson on the 2300 block of Pennsylvania Avenue, SE in 2017. Brown was initially charged on March 20 and is currently being held without bail.

Antonio Upshaw, 29, and Jordan Woods were also arrested in connection to Johnson’s murder. Upshaw is charged with first-degree murder while armed and is currently being held without bail. The prosecution didn’t bring charges against Woods, according to the U.S. Attorney’s Office for the District of Columbia.  

Judge Juliet Mckenna said she made her ruling based on cell site data placing Brown, 30, near the crime scene. The phone also allegedly contained messages between Brown and Johnson, to set up a drug deal for two pounds of marijuana.

According to court documents, Brown set up Johnson and scheduled the drug deal so he could be robbed.

Documents state that witnesses told police they heard multiple gunshots come from an alleyway on Pennsylvania Avenue. Witnesses said they saw a man wearing a black jacket with a red hood get into a black SUV and leave the scene.  

A Metropolitan Police Department detective told the judge that Brown’s cell phone was in the same area as the crime when it occurred. The detective also said the phone remained in contact with Johnson until the time of his death.

Brown’s defense attorney, Kevin Irving, argued against the court’s finding and said someone other than Brown could have been using the phone. Irving said the phone was registered under another person’s cell phone plan.

However, the prosecution said that even though the phone was under someone else’s name, a witness told police that Brown paid for his share of the phone bill. The prosecution also said a witness told police the phone belonged to Brown and provided the defendant’s contact, which contained his picture.

Brown is scheduled for a felony status conference on April 8.