Judge Finds Probable Cause in ‘Street-Brawl’ Homicide Case

By Adriana Marroquin - August 17, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

On Aug. 17, DC Superior Court Judge Rainey Brandt ruled that the prosecutor’s evidence reached the minimum requirements for probable cause in a June homicide case.

David Pena, 46, is charged with second-degree murder while armed for his alleged involvement in the shooting of 24-year-old Maurice Robinson that occurred on June 12, on the 2900 block of Southern Avenue, SE. Robinson succumbed to his injuries on June 13 at a local hospital.

According to documents from the Metropolitan Police Department (MPD), which were adopted as testimony by a detective in an Aug. 16 hearing, the shooting was a result of a “street-brawl” that ensued when one group showed up at the crime scene allegedly looking to start a fight with Pena’s family member. The two groups were seen fighting one another. 

Surveillance footage shows that, as the fight begins to subside, Pena shoots at Robinson 5 times, causing four injuries to Robinson’s back. According to a report from the medical examiner, the shots severely damaged Robinson’s aorta, trachea, and esophagus. 

After taking time to review surveillance footage of the incident, Judge Brandt argued that since several eyewitnesses identified Pena as the shooter, the evidence established probable cause that Pena pulled the trigger, killing Robinson.

“The defendant personified the saying ‘you do not bring a knife to a gunfight,” said Judge Brandt. “The defendant brought a gun to a fist fight, and, unfortunately, Maurice Robinson died because of it,” she continued. 

In the Aug. 16 hearing, Dana Page, Pena’s defense attorney, contended that Pena was defending himself and his daughter from the group that showed up to fight her. 

“Evidence does not support that [Pena] was defending anyone… Robinson was moving away from Pena when he shot,” Judge Brandt insisted. 

“This was a very odd way to solve one’s differences,” Judge Brandt stated. 

Following Judge Brandt’s ruling, the defense requested Pena be released waiting for a resolution of the case, arguing that he has a good job, put a roof over his head, and had support from family, friends, and individuals in the community. 

Counsel for Pena argued that “[Pena] was responding and reacting” to the situation that put his daughter at risk when the group showed up to fight her. “This is not something he set out to do,” Page insisted.

Page went on to explain that Pena is concerned about his family’s safety and well-being, especially because the apartment where his daughter lives was set on fire a day after the shooting. MPD is still investigating that incident. 

Prosecutors opposed the motion for release, arguing that “Pena should’ve known better than to take a gun to a fist fight”. 

Prosecutors also mentioned that Pena has two prior gun possession convictions that prohibited him from being able to possess any firearms. They also asserted the murder weapon has not yet been recovered, and expressed concern that, if Pena was released, he would still have access to the firearm. 

“He is still a danger to the community,” prosecutors insisted. They maintained that there is no condition or combination of conditions that would guarantee the community’s safety if Pena is released. 

Judge Brandt denied the release  motion, stating “you would think he would have learned his lesson with the two possession convictions”. 

“This could have easily turned into a multi-homicide case. It was reckless, totally reckless. Brazen,” she proclaimed. 

Judge Brandt worried about the consequences, should he be released. “I’m concerned someone will retaliate, or he can do something else in order to protect his family,” she stated. 

“There is no condition, or combination of conditions, that can reasonably assure [Pena] won’t be a danger to the community,” she said. 

Parties are expected back Dec. 4 to check on the progress of indictment.