Judge Finds Substantial Probability in Murder Case

By Bersabel Ephrem [former] - July 7, 2022
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

DC Superior Court Judge Milton Lee ruled that a fatal shooting case has enough evidence to go to trial. 

Dion Lee, 23, is charged with first-degree murder while armed for allegedly shooting Pamela Thomas on Feb. 9 on the 500 block of Division Avenue, NE. 

During the three-day preliminary hearing, which began on June 30, counsel used surveillance footage spanning from hours before the shooting took place to moments after to argue their cases. 

In one clip, a man who wore a black jacket, light blue ripped jeans, and white sneakers started to walk towards the Marvin Gaye Park, which is located on the 500 block of Division Avenue, NE. Footage also showed a Silver Nissan Rogue, the car Thomas was shot in, traveling towards the 500 block of Division Avenue, NE. 

The same man, matching the clothing description, was seen standing on the street. A detective said he observed gun smoke twice from the area of which the suspect was standing. 

In another video, the suspect fled towards the Lincoln Heights Apartment Complex with an object that looked like a firearm in his hand.

“Why,” Thomas’ son wailed on body worn camera footage.

“His mother got shot in the head,” Thomas’s sister screamed to the officers. 

Thomas’s son was seen on the footage with blood on his face. 

Lee was represented by defense attorneys, Joseph Yarbough and Kevann Gardner. Yarbough pressed the detective on the accuracy of the timestamps on the surveillance footage. Yarbough showed Judge Lee that the timestamps could be easily altered by manually going through the process of altering the timestamps during cross examination. 

In one of the surveillance videos shown by the defense, a man with a black jacket, blue jeans, and white sneakers is seen walking out of one of the apartments located on the 5200 block of Hayes Street, NE. 

Yarbough pointed out that although a man that matched the description of the shooter left the apartment, a black jacket, light blue jeans, and white sneakers are common pieces of clothing. 

He also said the man’s face isn’t visible in any of the surveillance clips and there were no surveillance cameras in the stairway or alleyway that could show whether the same person who left the apartment was actually the defendant.  

“No one knows exactly who that person is and the person that left that apartment could have gone anywhere,” Yarbough said.

He also questioned the varying witness descriptions of the shooter. 

One of the witnesses said the suspect had a lighter complexion and seemed to be around 17-to-20 years old.  

Another witness told one of the detectives that the shooter had a light brown complexion and looked to be 15-to-16 years old. 

On July 1, the prosecution showed a clip of a man matching the description of the shooter, who is seen walking towards the 500 block of 50th Place, NE with a person of interest. They are seen entering the apartment complex and the suspect is seen leaving back out about an hour later with another person of interest. 

At the time, the suspect was seen wearing a ski mask that covered most of his face, a lavender colored hoodie, blue jeans, and gray and white shoes. The suspect and the person of interest were seen entering a Red Ford F-150. 

According to court documents, one of the witnesses identified the person walking towards the Red Ford F-150 as Lee. 

“The same person who left the apartment was seen walking out of the alley walking towards Division Avenue. You see the same individual, same description, running towards Lincoln Heights after the shooting with an object that is consistent with a handgun,” Judge Lee told the court. 

Judge Lee found substantial probability that Lee committed the homicide. 

“Your honor, you saw the blood that was on Ms. Thomas’ son’s face. What defense is asking is that you let Mr. Lee back on the streets where he saw someone he didn’t like and shot into a crowd,” the prosecution said.

Yarbough argued that Lee should be released due to his lack of a criminal history, stable job, and his ability to live with his significant other outside of the neighborhood where the shooting occured.

To show the defendant’s family ties, Yarbough played a video of Lee’s nephews wishing him a happy Father’s Day. “I love you Dion. We miss you. Happy Father’s Day,” they said. 

Lee dropped his head when the video began playing. 

“Given the strong family ties, strong job, and no criminal history, we are requesting the court release him with home confinement,” Yarbough said. 

Judge Lee denied the defense’s request to release Lee. 

The defendant’s next hearing is scheduled for Nov. 3.