Judge Grants Defense Motion to Suppress Fight Video in Homicide Case

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DC Superior Court Judge Michael Ryan granted a defense motion to suppress video evidence pertaining to a fight preceding a homicide on Feb. 20.

Daquan Gray, 22, is charged with first-degree murder while armed, possession of a firearm during a crime of violence and carrying a pistol without a license outside of his home or business for his alleged involvement in the murder of 15-year-old Jaylyn Wheeler, on the 3000 block of Randall Place, SE, on May 16, 2018.

In court, Dana Page and Olivia Gee, Gray’s attorneys, challenged the prosecution’s attempt to introduce video of a fistfight in a bathroom that occurred hours prior to the incident into evidence.

The prosecution claimed the fight allegedly involved Gray giving a friendly pat of approval to a witness leaving the bathroom having fought another witness. The prosecution tried to connect Gray and the witness against Wheeler and the other witness involved in the bathroom fight, stating that instigated the homicide.

The prosecution’s narrative is that two rival group were involved in the incidents.

Page stated that at best the prosecution proved these kids went to school together. They could not prove Gray was even in the bathroom and none of the prosecution’s own witnesses state that the two incidents have anything to do with each other.

Judge Ryan agreed with the defense, stating that the prosecution was “asking for leaps to be made” and implying that there was a level of avenging within the crime. He granted the motion to bar the use of footage of the fight as evidence. The prosecution raised concerns about the cooperation of young witnesses testifying without referring to the fight in question.

In addition, Page and Gee objected to four out of 13 autopsy pictures submitted by the prosecution, stating that they were too graphic, involving close up photos of dissection, organ manipulation, and nudity. She said it was “absolutely unacceptable” for the prosecution to consider them as evidence.

The prosecution stated they can redact the organs and nudity, however need to show enough of the pictures to demonstrate the relationship between gunshot wounds on the body. Judge Ryan asked the prosecution to make the changes.

Page also objected to a single body worn camera clip of an officer at the incident scene which had no audio. The prosecution argued there were multiple eyewitness testimonies present in that footage, and redacted audio to make the footage less distressing.

Parties are slated to reconvene Feb. 25.