DC Superior Court Judge Danya Dayson found the prosecution had sufficient evidence to find probable cause for second-degree murder while armed in a shooting case on Aug. 28.
Abdoulie Jawneh, 25, and Daniel Foxworth, 23, were originally charged with first-degree murder while armed for their alleged involvement in the fatal shooting of 28-year-old Aaron Brown on July 11, at the 4000 block of Minnesota Avenue, NE. Brown succumbed to his injuries in the early hours of July 12.
During an Aug. 27 hearing, the lead detective for the Metropolitan Police Department (MPD) testified regarding their investigation into Brown’s homicide. According to the detective, Brown parked his car near the scene hours before the homicide, and walked over to a strip mall across the street, where he spent a few hours hanging out with people.
The detective testified that during that time, two individuals, who he identified as Jawneh and Foxworth, were at an apartment building wearing distinctive clothing, which matched that of the shooter and his accomplice at the time of the incident.
According to the detective, Jawneh and Foxworth were captured by surveillance footage in the hours leading up to the shooting riding an electric scooter and a rented Veo bike. Veo records, presented to the court, showed Foxwroth rented the bike between 7:20 p. m., and 7:50 p. m. The movements of the bike matched that of Foxworth’s cell phone.
The detective further testified that around 9:10 p. m., Jawneh was seen on his electric scooter scouting where Brown was before returning to an apartment with Foxworth.
At 9:15 p. m., according to the detective, Jawneh and Foxworth parked a BMW, which had been reported stolen in Prince George’s County, Maryland, months earlier. There, the detective claimed, Jawneh, who was driving, and Foxworth, in the passenger seat, waited for Brown to return to his car for more than 10 minutes.
Surveillance footage, and the detective’s testimony, depicted Brown returning to his car, opening his trunk, and Jawneh and Foxworth getting out of their vehicle. The individual identified as Jawneh was seen approaching Brown, who managed to close the trunk, and “shooting at point blank range,” according to the prosecution. Foxworth was allegedly seen racking his gun by the passenger door before aiming the firearm at Brown, however, he did not shoot.
After shooting, the individual identified as Jawneh attempted to get access to Brown’s trunk but couldn’t. The suspects got back in the BMW and drove away.
Brown sustained a gunshot wound to his abdomen, and succumbed to his injuries at a hospital.
According to the detective, the BMW was later recovered on July 12 in Fort Washington, Maryland, and a gasoline container was located in the back seat of the vehicle.
Further analysis of the vehicle determined that Jawneh and Foxworth’s phones were reportedly connected to the car’s entertainment system for hours after the shooting. Prosecutors also presented photos recovered from the defendants’ phones that depicted them in the vehicle before the incident date.
Prosecutors also provided images of evidence recovered from Foxworth during the execution of a search warrant. According to the detective, a backpack was recovered from Foxworth’s residence, with his identification card inside, and a gun. A Cartier watch, which was depicted on surveillance footage of Foxworth leading up to the shooting, was also recovered.
Steven Kiersh, Jawneh’s attorney, highlighted the detective’s assertion in an affidavit that MPD originally believed the person they identified as Jawneh in surveillance footage could be another person based on facial recognition technology. However, further investigation showed the person they believed may have been the suspect was incarcerated at the time of the shooting.
Kevin O’Sullivan, Foxworth’s attorney, questioned the detective about Brown’s alleged involvement with marijuana. The detective stated he didn’t know if Brown was selling, buying, or just had marijuana on him around the time of the murder.
Following the detective’s testimony, prosecutors told Judge Dayson they “have a compelling case,” and requested she find probable cause. They emphasized that the defendant’s phones were linked to the BMW on the day of the incident, and they were captured in the hours leading up to the murder wearing clothes consistent with that of the attackers.
The prosecution highlighted the BMW being recovered with the gasoline container, and claimed “seems like the suspects were contemplating burning the car.” The prosecutor further stated “[the suspects] emerged from that BMW we know is linked to these two individuals,” pointing at Jawneh and Foxworth in court.
Recalling surveillance footage of the incident, the prosecutor insisted “the moment [Brown] opened the trunk they emerged from the car,” and Jawneh shot from close range. As for Foxworth, the prosecutor claimed, he knew what was going to happen. “This wasn’t a surprise maneuver,” he insisted.
“They obviously went there with an intention,” the prosecutor continued, stating despite Foxworth not shooting the victim, he racked his gun and aimed at Brown.
“The waiting suggests and shows and proves premeditation and deliberation,” the prosecutor argued. “They had more than enough time to deliberate. They knew what they were doing. Jawneh shot him without a second thought.”
Kiersh disagreed, stating the prosecution “has conclusions, but no evidence to support those conclusions.”
Kiersh argued the shooters were masked, and were never identified by anyone using surveillance footage.
Likewise, O’Sullivan disagreed with the prosecution, and stated they had little evidence that the individual they identified as Foxworth had the mens rea, or “guilty mind” mental state, required to commit a crime.
O’Sullivan insisted the individual identified as Foxworth was not a principal actor of the shooting, and “just racking a gun doesn’t add anything,” because the shooter was in the process of shooting already.
He further argued it’s possible the suspect thought the shooter would only try to fight, rob, or shoot at the victim, but not kill him. “There is nothing but mere speculation that [Foxworth] did anything,” O’Sullivan asserted.
The prosecution rebutted that despite Foxworth not shooting the victim, he could be found guilty as an aider and abetter.
Judge Dayson told parties she was unable to find probable cause for first-degree murder while armed, but found it for second-degree. She argued that despite the lack of identification of the defendants at the scene, there is enough circumstantial evidence to support probable cause. She highlighted the connection to the BMW through their phones, videos and photos of the defendants in the vehicle days before the homicide, and the defendants’ clothing matching that of the suspects.
Judge Dayson argued that it is “beyond probable cause [for Jawneh] as to the mens rea” for second-degree murder, highlighting evidence that showed Jawneh exited the BMW with his gun already drawn, and shooting Brown at close range in the chest. She asserted he acted with the required intent for second-degree murder, which requires the suspect to have the intent to impose significant bodily harm or acted in conscious disregard for the victim’s well-being.
She told parties she was unable to find probable cause for first-degree murder while armed because, despite the suspects waiting for the victim, there is no evidence Jawneh was waiting with premeditation and deliberation to kill Brown, rather than commit something else, like a robbery.
Judge Dayson further stated she found probable cause for Foxworth as an aider and abetter, stating despite him not shooting, his racking of the gun proved “he wasn’t just armed, he readied himself to make use of the firearm in this case.” She argued he knowingly associated himself with the incident.
As for detention, Judge Dayson stated she could not find a combination of conditions that would guarantee the community’s safety if Jawneh and Foxworth were to be released. She highlighted their prior convictions, and stated they were both on probation for prior gun related cases at the time of the murder.
Parties are slated to reconvene before DC Superior Court Judge Neal Kravitz on Dec. 15.
