A DC Superior Court judge found probable cause for the second defendant charged in connection with a deadly assault near the intersection of Clay Terrace and 53rd Street, NE.
The defendant, 29-year-old Antonio Hensley, is charged with second-degree murder in connection with the death of 33-year-old Andre Robertson. He is charged alongside the victim’s cousin, 33-year-old Darius Robertson.
Andre Robertson was assaulted close to midnight on Oct. 1, 2021, and died from his injuries the next day. Darius Robertson was arrested the following December, and a judge ruled that his case had enough evidence to go to trial during a preliminary hearing on Feb. 18. Hensley was arrested five days later.
During Hensley’s preliminary hearing on April 26, the prosecutor called the lead detective on the case to the witness stand. He displayed several items of evidence, including surveillance footage and phone records.
Surveillance footage depicts the cousins and another individual fighting when Hensley enters the frame and brandishes what appears to be a firearm. He seemingly knocks Andre Robertson onto his back before Darius Robertson charges the victim, beating him while he lies unconscious on the ground. Hensley appears to attempt to stomp on the victim before leaving the scene.
During cross-examination, defense attorneys Austin Terrance and Kevann Gardner questioned the detective on the legitimacy of the witness’ statements. None of the witnesses interviewed saw the attack. Rather, they simply heard it or saw the aftermath.
The defense team established that there was so much PCP in the victim’s system that first responders could smell it. Gardner concluded his line of questioning by noting how Hensley has no relationship with the victim nor bias towards him. He also was not in any communication with Darius Robertson before or after the incident.
Hensley appeared to leave the scene in a calm and collected manner. There was no weapon found on Andre Robertson, according to the detective.
Gardner said there Is no preponderance of the evidence that could prove Hensley had any intent to kill the Andre Robertson. They argue that Hensley was only standing by, and the fight approached him. They said there was no way of deciding who delivered the fatal blow.
The prosecutor replayed the footage of the incident, saying the two men beat another person to death. He asked Judge Milton Lee to find probable cause for the charge of second-degree murder.
Judge Lee ruled that there was enough evidence to establish probable cause. “He had nothing to do with this and he did it anyway,” he remarked as he gave his decision.
After Judge Lee found probable cause, Austin requested his client’s release from DC Jail into the High Intensity Supervision Program, saying he is not a danger to the community and has a family that depends on him. The prosecution asked for him to remain detained based on the nature of the alleged offense and Hensley’s criminal history, which includes two prior arrests in 2017 for allegedly selling PCP and carrying an illegal firearm.
Judge Lee agreed to keep Hensley detained, saying “it is not even a close call.”
Hensley is scheduled to return to court with Darius Robertson on June 3 for a felony status conference.