Judge Finds Probable Cause in Homicide Case

Thank you for reading D.C. Witness. Help us continue our mission into 2024.

DC Superior Court Judge Robert Okun found probable cause in a 2021 homicide case.

Dearay Wilson, 26, is charged with second-degree murder while armed for allegedly shooting 53-year-old Jeremy Black on the 1400 block of R Street, NW on June 29, 2021. According to court documents, Black and three other individuals were on a walk on 15th Street, NW when four individuals, one being Wilson, exited a white Chevrolet Equinox SUV, fired several rounds of ammunition towards Black and the other three individuals, and then fled the scene.

“I can’t say, at this point there is substantial probability, but I can easily say there is probable cause,” Judge Okun said, citing possible evidence contamination and a questionable chain of custody of Wilson’s clothing.

During the preliminary hearing on June 24, the prosecution called a detective from the homicide branch of the Metropolitan Police Department (MPD) who assisted with the investigation.

The prosecutor showed surveillance footage of a white SUV coming to a stop in an alley on R Street. Four individuals exited the car and fired into the block when Black was crossing the street.

According to the detective, MPD officers found 52 shell casings on the scene. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted DNA testing on the casings and found Wilson’s DNA on four casings. Two casings also matched the gun found on Wilson at the time of his arrest, which was a black Glock 10mm semi-automatic with a laser.

The prosecutor then showed surveillance footage of Wilson entering MedStar Washington Hospital Center 20 minutes after the shooting. He was wearing the same clothes.

Wilson requested treatment for a gunshot wound between his right thumb and pointer finger, which he wrapped in a white t-shirt.

A few days after the shooting, MPD discovered the car seen in the surveillance footage. Multiple blood stains, on the right rear passenger side of the car, where Wilson was allegedly seen exiting and entering the vehicle. DNA testing matched the bloodstains to the defendant.

The prosecutor noted that ATF is undergoing an investigation into a contamination event. Information about which cases and what evidence were affected by the contamination were not yet available.

Wilson’s defense attorney, Anne-Marie Moore, asked the detective whether any eyewitnesses identified Wilson as one of the four suspects.

No, the detective replied.

Moore then questioned the detective about the chain of custody of Wilson’s clothes, which were taken from the hospital, saying she received conflicting statements from multiple sources about who had handled the evidence. The detective was not able to confirm the chain of custody.

Moore argued that the prosecution’s case was based on improperly seized DNA evidence and a lack of eyewitness identifications. She requested Wilson be released under the high-intensity supervision program due to his lack of prior convictions, family support, and full employment status.

However, the prosecution requested Judge Okun find probable cause if not substantial cause, as well as keep Wilson detained at the DC Jail without bond.

“There’s a lot of evidence that indicates Mr. Wilson committed the offense he’s charged with,” Judge Okun said.

Judge Okun ruled that despite mitigating factors, Wilson will be detained because of the nature of the offense and the weight of the evidence.

“This is an awful offense,” Judge Okun said. “One of the most serious offenses that can be committed.”

Wilson’s next court appearance is scheduled for Sept. 23.

Follow this case