Judge Finds Probable Cause in Homicide Case 

By Lizzie Brennan [former] - August 13, 2021
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

A DC Superior Court judge ruled that a homicide case has enough evidence to go to trial. 

Jean Kearney is charged with second-degree murder while armed in the shooting of 33-year-old Dontra Harris on April 5 on the 1800 block of 24th Street, NE. He is also charged with assault on a police officer while armed. 

A Metropolitan Police Department (MPD) detective testified during the Aug. 13 hearing. 

The prosecution showed surveillance footage of a man alleged to be Kearney riding a motorcycle near the crime scene before the homicide. The man on the motorcycle was following a car matching the one belonging to Harris. The detective said that an identical motorcycle was found in Kearney’s residence. 

Shortly after the man alleged to be Kearney was following the vehicle, Harris exits the car and walks towards Kerney, surveillance footage shows. The prosecution referred to an eyewitness who told officers that Kearney and Harris had a confrontation near the location of the shooting approximately 30 minutes beforehand. 

Surveillance footage shows the man alleged to be Kearney returning to his house on a motorcycle after the supposed confrontation. Footage from nearby Kearney’s home does not show anything, but audio captured a person alleged to be Kearney opening a garage and getting into a vehicle. The vehicle, which the detective identified as being registered to Kearney’s mother, is seen driving toward Harris’ house with the headlights turned off approximately 15 minutes before the homicide. 

The prosecution finished by showing Body Worn Camera footage of the police knocking on Kearney’s door. Officers, including the detective, were executing a search warrant of Kerney’s home. When police attempted to enter they were met with gunfire. The detective confirmed the gunfire came from Kearney using an unregistered AK-47 firearm. The detective said a police officer was injured during the gunfire, prompting the assault on a police officer while armed charge.

Defense attorney Michael Madden argued this evidence is not strong enough to pinpoint Kearney to the murder. He questioned the validity of the eyewitness accounts, saying that witnesses gave varied and contradictory statements to police. In addition, there is no definitive eyewitness identification of Kearney shooting Harris, he argued.

Judge Marisa Demeo ruled that a “mountain of evidence” in the case indicates probable cause. She said the prosecution’s evidence presents many “unique circumstances” that are not present in other cases. 

Kearney is currently being held at DC Jail and is scheduled to return to court on Sept. 9.