Judge Finds Substantial Probability in January Homicide

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During a preliminary hearing Feb. 28, a judge found substantial probability that a defendant was involved in the fatal shooting of a 21-year-old in January.

Elhadji Babacar Ndiaye is charged with first-degree murder while armed for his alleged role in the death of 21-year-old Travis Deyvon Ruth on the 2700 block of Jasper Street, NE on Jan. 18. According to court documents, Ruth was shot nine times. The majority of his wounds were back to front, however, the gunshot wounds to Ruth’s leg was front to back.

D.C. Superior Court Judge Todd E. Edelman said, based on a witness’s testimony, he believed Ndiaye is a danger to the community. Ndiaye, 19, is being held without bond.

During the hearing, the prosecution called a detective to the stand who told the court about interviews he conducted with multiple witnesses. The witnesses placed Ndiaye at the scene of the crime. According to the detective, a witness said Ruth was sitting in the front seat of a green Honda Accord when Ndiaye pulled out a gun, opened the back door and shot him.

The detective said another witness received threatening phone calls regarding the shooting. The detective said he did not know if Ndiaye made the calls.

The prosecutor said Ndiaye is responsible for Ruth’s death, fleeing the crime scene, threatening a witness and destroying evidence.

A green Honda Accord, which police determined was the same car from the shooting, was found burned a week after the murder.

Ndiaye’s defense attorney, Blase Kearney, said there is a lack of forensic evidence in the case. Kearney also said the witnesses the detective spoke to aren’t credible. Apparently, the witnesses were initially uncooperative and their stories weren’t consistent with Ruth’s wounds.

But, Judge Edelman said that despite the inconsistencies in the witnesses’ stories, they were somewhat consistent with each other.

A felony status conference is scheduled on April 5.