DC Superior Court Judge Todd Edelman found probable cause and denied release on May 13 for a defendant accused of fatally shooting his friend because of a stolen gun.
Treshawn Herndon, 18, is charged with first-degree premeditated murder while armed for his alleged involvement in the fatal shooting of 18-year-old Raymond Washington on June 30, 2024 on the 700 block of Marietta Place, NW. Washington died from a gunshot wound to his back.
Byron Sneed, 41, is charged with first-degree murder while armed in a drive-by or random shooting for his alleged involvement as the getaway driver.
At Herndon’s preliminary hearing, the prosecution called the lead Metropolitan Police Department (MPD) detective on the case and played video footage. The first video, the detective said, showed Herndon, Washington, an unidentified juvenile suspect, and an eyewitness in the hallway inside Herndon’s residence at the time, on the 5500 block of Illinois Avenue, NW.
The detective said he learned in his investigation that the video showed a fight between Herndon and Washington, reportedly over a gun. Herndon’s relative told the detective that Herndon called them and said Washington stole his gun.
Then, the detective said, the video showed Washington allegedly run down the hallway and Herndon run after him, followed by the juvenile suspect and eyewitness. A short time later, the detective said video showed Herndon and the juvenile suspect returning to Herndon’s residence.
In another video, the detective said Herndon and the juvenile suspect entered the suspect vehicle, allegedly driven by Sneed. According to the detective, both suspects reportedly sat on the passenger side, Herndon in the front seat and the juvenile in the back.
The detective noted that in multiple videos, the eyewitness walked several steps ahead of Washington prior to the shooting, significant because Washington sustained a single gunshot wound to his back.
In a different video, Washington and the eyewitness run into view, followed by the suspect vehicle. The detective noted the vehicle’s front passenger window was down and the rear passenger window was up. Although there’s no video footage of the shooting itself, according to the detective’s theory of the case, Herndon allegedly fired the fatal shot from the front passenger window.
Video footage then showed the eyewitness run down the street and jump over bushes into a yard on the 5700 block of 7th Street, NW.
The detective described video footage of the suspect vehicle driving down 7th Street, making a U-turn, and heading back towards where Washington’s body was found. The suspect vehicle stopped on the video, the juvenile suspect exited the vehicle, went in the direction of Washington’s body, and then returned to the vehicle. The footage then showed the vehicle drop the suspects off and then they returned to Herndon’s reported residence.
In cross-examination, Herndon’s attorney, Carrie Weletz, confirmed with the detective that there was no video of the actual shooting and witness accounts of what occurred varied. Weletz noted two witnesses told the detective Washington was injured and then pushed out of the vehicle and two said Washington was chased. In addition, one witness also said they saw someone standing over Washington with a gun.
The eyewitness was the only person who said shots were fired out of a car, noted Weletz, and emphasized that he fled the shooting and jumped over a bush, had open criminal cases, and was forthcoming with information. The detective clarified that the eyewitness was comfortable relating the narrative of events but not naming the suspects.
Weletz also noted that Herndon and Washington were friends and the detective had no information about fights between them prior to the day of the shooting. In addition, no firearm was recovered.
The prosecutor clarified with the detective that there was no evidence to suggest Washington was dropped from the vehicle and no indication of anyone chasing him.
After the detective finished his testimony, Weletz argued there was no probable cause and claimed the detective’s testimony synthesized the holes in the evidence. The video footage had a blindspot when the actual shooting occurred and there was no forensic, video, or witness that identified Herndon as the person in the car who shot from the passenger seat.
Weletz emphasized the witnesses “wildly different accounts” of what occurred and said no witness, including the eyewitness, identified Herndon as the shooter or said he was involved. Weletz argued it was “wild assumptions” to believe Herndon was in the suspect vehicle and shot out of it.
Judge Edelman noted the low standard and found probable cause for the charge against Herndon. The judge noted the significant evidence of a fight between Herndon and Washington a short time prior at Herndon’s residence.
Judge Edelman said, “The video [in Herndon’s residence] is enough to establish his identity.” Herndon entered the suspect vehicle and a shooting occurred shortly after with the only window down where he was seated. The bullets found in the vehicle likely matched the ones used in the shooting.
Although Judge Edelman agreed with Weletz that the evidence was inferential, he concluded the only way the shooting could have happened was from that car. The other witness accounts are contradicted by video footage, not corroborated, said the judge.
Weletz then asked for Herndon’s release on home confinement with an exception for him to attend and complete high school. According to Weletz, Herndon would live with his godmother, had no adult criminal history, and the prosecution overstated their case. The case lacked physical evidence, was purely circumstantial, and had varying witness accounts, argued Weletz.
The prosecutor requested Herndon remain held because “If you’re willing to kill a friend,” then there is significant risk to the community at large. The case showed Herndon’s easy access to firearms, argued the prosecutor, because his gun was stolen and he quickly retrieved another one used in the murder. They added that the firearm used in the case was not recovered and potentially still accessible to Herndon.
Judge Edelman denied Herndon’s release because of the nature and circumstances of the incident. Herndon apparently had property taken from him and his response was violent and deadly, said the judge. It was “entirely premeditated,” said Judge Edelman, and although the case is circumstantial and inferential, it is fairly strong.
The parties are scheduled to reconvene on Sept. 11 before DC Superior Court Judge Michael Ryan.
