Judge Finds Probable Cause in Homicide Linked to Shake Shack and Wawa Shootings 

By Payton Anderson , Carolyn Flammini - March 20, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

On March 20, DC Superior Court Judge Robert Okun found probable cause that a defendant is one of the shooters in a 2023 homicide. 

Marques Johnson, 41, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 56 year-old Leo Colter on Oct. 1, 2023, at the 900 block of 15th Street, NW. 

Johnson and Anthony Ellis, who is detained in another jurisdiction, allegedly shot Colter in McPherson Square Park, and were seen in surveillance footage driving off in what was identified as Johnson’s vehicle. 

“It comes down to the facts,” the prosecution said, adding that “There is a history of… two groups arguing over who can sell drugs where.” According to the prosecutors, the two crews that are known to sell drugs in the area are the Park Crew and the Shake Shack Crew, who they claim sell drugs in the McPherson Square area. 

Prosecutors called on the lead detective from the Metropolitan Police Department (MPD) who identified Johnson in court, directly pointing at him and noting his orange uniform and goatee. The detective said he placed Johnson under arrest on Feb.16, 2024. 

The testimony continued with the prosecution asking the detective about his interview with Ellis’ mother who said he had no connection with the homicide. 

Ellis’ mother also identified Johnson to detectives through Instagram photos, stating that he is roommates with Ellis and the owner of the vehicle that was allegedly used in the crime.

The detective stated that Johnson’s vehicle had key identifying characteristics that matched the white truck at the scene, which was caught on surveillance footage. The features included tinted windows, roof racks, and a significant dent in the back right corner of the bumper. Johnson’s truck’s defects appear to match the ones in the surveillance video. 

Upon cross-examination, Johnson’s defense attorney, Kevin Robertson, questioned the credibility of the witness who identified Johnson, and claimed to be present at the time of the crime, in his interview in the days following Johnson’s arrest. MPD later determined the witness was not present at the scene. 

“Isn’t he the one who asked to get a deal with this case?” Robertson asked. “He was arrested after the shooting and was trying to bargain for a favor,” he claimed. 

According to the detective, the witness is detained in connection to a shooting that occurred at the Wawa store on the 1100 block of 19th Street, NW, in the hours leading up to the homicide. 

The witness was not promised any immunity by the detective, but Robertson claimed that there was a pre-existing “beef” between Colter and the witness. The two allegedly held several arguments over who could sell drugs where, as Colter was supposedly from a different crew than the witness. 

“The decedent had ripped off [the witness] in a drug deal,” Robertson said. “The decedent was in debt to a lot of people. If one crew sells drugs in that area, the others stay away.” 

Robertson insisted that Ellis had the spare key to Johnson’s vehicle, suggesting an “alternative explanation” as to who was driving the vehicle. Because there is only one witness’ identification of Johnson, Robertson argues that the footage itself is too unclear for anyone to be sure of who it shows.

“You can’t identify positively it was my client’s face, and nor can [the witness],” Robertson said. “There are suggestions of my client but no specific identification besides that from that witness.” 

The prosecution pointed out the locations of bullet fragments at the scene through photos of a building which had defects on the wall, and the bench where Colter’s body was found. All images held noticeable bullet marks.  

According to the detective, witnesses stated that Johnson closely resembled the suspect’s appearance, both with a tall build, hairstyle and similar sneakers. The prosecution also noted that Johnson admitted to being a known drug dealer in the area, specifically stating he worked by the Shake Shack. 

Arguing for release, Robertson said Johnson’s family appeared in court in support of him, telling the stories of the unconditional support and love he has from his family, and how he will have a place to remain under the prospect of supervised release.  

Nonetheless, Judge Okun found probable cause that Johnson committed first-degree murder while armed and was one of the shooters who killed Colter. 

Judge Okun stated that “the evidence is not overwhelming, but it is sufficient.” 

He found Johnson’s identification by witnesses, his resemblance to the suspect, his vehicle, and his known presence at the crime scene to be the most salient pieces of evidence. 

Finally, Judge Okun denied Johnson’s release emphasizing that “the shooter acted with premeditation and deliberation.”  

Parties are set to reconvene June 7.