DC Superior Court Judge Jason Park found probable cause in a preliminary hearing for a fatal shooting defendant in spite of a self-defense claim on July 23.
Maurice Gaskins, 47, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of Deandre Lewis on June 27 on the 4200 block of 4th Street, SE. Lewis was found on the threshold of a building with a bullet in his left temple.
According to court documents, the incident occurred in the hallway of the defendant’s former apartment building. The victim was leaving the building accompanied by the only eyewitness who was carrying the child she shared with Gaskins when the defendant approached with a firearm and allegedly delivered the kill shot.
Defense Attorney Kevin Mosley said the defendant was clearly saying, “stop” as he moved forward.
The lead Metropolitan Police Department (MPD) detective testified that he conducted a three-hour interview with the eyewitness, where she claimed that she heard the Gaskins say, “stop reaching,” as he approached the two individuals allegedly firing outside of the view of surveillance cameras.
In addition to the detective’s testimony, the prosecution also admitted a crime scene photo of Lewis’ body showing a firearm with the gun’s magazine visible above his waistline.
The detective admitted that he did not know if the firearm was moved or if it was found in the same position as it was at the time of the shooting.
One 9mm casing was found on scene but no additional rounds were located.
During the cross examination of the detective, Mosley focused what was not captured by surveillance cameras.
While one video appears to capture the defendant walking toward the victim and the witness, there is nothing that shows what Lewis was doing when he was the shot saying he acted in self-defense of his family.
Lewis was allegedly standing next to Gaskins’ son and the child’s mother, while reaching for something in the waistband of his pants. The defendant sprung to action, according to Mosely, to protect his family.
The prosecution argued Gaskins should be charged with second-degree murder while armed in that the evidence does not support mitigating circumstances or self-defense, noting that there was no apparent argument or dispute that led to the shooting.
Mosley focused on Lewis’s possession of a weapon and Gaskins was telling Lewis to “stop reaching.” He stated that a person does not have to wait for a gun to be out to be acting in self-defense.
Judge Park found probable cause ruling that while there is some evidence to support the notion of self defense, the weight of evidence indicates a jury is likely to convict Gaskins of the crime.
Judge Park ruled Gaskins will remain detained.
Parties are slated to reconvene Oct. 17.
