Case Acquitted: Judge Grants Defense Motion to Sever Shooting Case

By Izabella Apodaca [former] - October 30, 2023
Daily Stories | Shooting | Suspects |

Donnell Tucker was acquitted of all charges on Jan. 31, 2024.

On Oct. 30, DC Superior Court Judge Sean Staples granted several motions, including a motion to sever co-defendants’ cases, in a non-fatal-shooting. 

Tiaquana Chandler, 42, and Donnell Tucker, 27, are charged with conspiracy, first-degree burglary while armed, and two counts of possession of a firearm during a crime of violence, among other charges, for their alleged involvement in a shooting that occurred on March 28, on the 3400 block of 13th Place, SE. The incident left one individual suffering from non-life threatening injuries.

Chandler’s defense counsel, Thomas Healy, filed a motion to suppress statements that Chandler made to police in an interview. Healy claimed that the detective that read Chandler her Miranda Rights did not do so appropriately and “charmed” her into talking to them about the incident. 

The prosecution called a detective from the Metropolitan Police Department (MPD) that interviewed Chandler to testify. The detective stated that he read her Miranda Rights to her exactly as stated on the document and watched her sign and verbally agree. 

According to the detective, he told her she did not have to talk to him if she did not want and that he “could not do anything about it” if she refused to speak to him. 

Judge Staples stated that from the video of the interview that was shown in court, in addition to the detective’s testimony, it clearly shows her Miranda Rights were read appropriately. He therefore found that her statements to police were voluntary and denied the defense’s motion to suppress statements.

The prosecution filed a motion to admit statements made by Chandler from jail calls. The prosecution reviewed numerous statements made by Chandler from many jail phone calls, requesting that the judge deem them admissible for trial. Statements such as “The [n-word] choked me,” “S*** is snitching on me,” and “call him, he needs to stay the f**k away from [inaudible]” were discussed and admitted by the court.

Judge Staples allowed statements that went against penal interest, which allows for statements that would usually be hearsay and inadmissible, to be admissible in court.

Judge Staples allowed statements that go to Chandler’s state of mind at the time, such as “He must stay the f**k in Maryland,” Any statements that Judge Staples classified as “blame-shifting” were denied and not found admissible to be used in trial.

Healy and Tucker’s defense attorney, Marnitta King, filed motions for severance for their clients that asked the court to try both defendants independently. King stated that Tucker would like the cases to be separate because he wants to call Chandler to testify at his trial. King says Chandler will testify that Tucker was not present at the time of the incident. 

Judge Staples cited case law from Rollerson v. United States, and stated that in order to consider severance the court must find that there is an exculpatory nature to the testimony, the defendant has a desire to testify, and the defendant has a willingness to testify.

Healy says that Chandler wants her trial to finish first since she’s less likely to make self-incriminating statements than if the two cases were tried together.

Healy and King argued since Chandler’s testimony is crucial to Tucker’s defense, severing the case and trying Chandler first is the best decision. 

Judge Staples stated that he found all three requirements necessary and that there is “a good-faith basis that she will testify” and granted the severance. 

Chandler’s trial is set to go forward on Oct. 31 and Tucker’s trial will proceed based on the outcome of this trial.