Judge Finds Probable Cause in Domestic Violence Homicide

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On Jan. 3, DC Superior Court Judge Rainey Brandt found probable cause that a defendant was the perpetrator in a homicide.

Desmond Thurston, 46, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 52-year-old Patricia Johnson on Oct. 1, 2023, on the 4000 block of 13th Street, SE. Johnson and Thurston were involved in a romantic relationship.

Prosecutors called the lead detective from the Metropolitan Police Department (MPD) to testify regarding his involvement in the investigation.

According to the detective, officers from MPD were dispatched several times to the incident address the day before and in the hours leading up to the shooting for reports of domestic disturbances between Thurston and Johnson.

Prosecutors played a recording of the 911 call made by an eyewitness, who was a young family member of Johnson’s. In the recording, the child can be heard saying “My auntie, she’s on the floor; I think she’s dead,” and “Her ex-boyfriend came in here and killed her.”

During the call, the child can be heard telling the dispatcher that the individual who broke into the house and shot at Johnson allegedly was Thurston, and he drove away from the location in a black truck. The child also alerted the dispatcher that Johnson had filed for a civil protection order against Thurston, and he broke through a chain on the front door of the residence.

Prosecutors corroborated the juvenile witness’ statement about Johnson filing for a protective order against Thurston by presenting the filing in court.

According to the detective, Thurston turned himself in to police while they were still processing the crime scene, waived his Miranda Rights, and confessed to shooting Johnson.

In body worn camera footage shown in court from hours before the homicide, Thurston can be seen trying to get into Johnson’s residence to retrieve his items, and telling officers that the MPD had been there earlier, and Johnson had him locked out of the house.

Brian McDaniel, Thurston’s defense attorney, submitted to the record that there is probable cause in the case.

Prosecutors stated that, had the law not changed last year, they would be requesting Judge Brandt find substantial probability.

Judge Brandt alerted the parties she found probable cause based on the evidence, the testimony, and Thurston’s confession to police.

McDaniel requested Thurston be released to the community under a high intensity supervision, with GPS monitoring and 24 hour confinement, arguing that he does not pose a threat to the community and Thurston’s only recent contact with the legal system stemmed from the relationship with Johnson. He insisted Thurston could do well in the community, claiming his old employer would welcome him back.

Prosecutors opposed the release, arguing he was on probation for drug related crimes, had a prior assault conviction, and had a previous protection order for another individual which was dismissed due to the individual’s inability to show up to court. They also argued he has seriously traumatized the eye-witness, who remains in the community.

Judge Brandt stated she cannot find that a condition or combination of conditions would ensure the safety of the community, stating that the case was a “homicide born from a domestic violence incident,” which occurred in front of a child.

According to Judge Brandt, the previous threats by Thurston to Johnson, the weight of the evidence, and his confession prove that he must be detained.

Parties are expected to return Feb. 7.

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