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By
Carolyn Flammini [former]
, McKenna Bryant [former] - January 31, 2024
Court
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Daily Stories
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Homicides
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Shooting
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On Jan. 31, DC Superior Court Judge Rainey Brandt granted the defense’s motion to suppress phone evidence that was collected in a murder investigation.
Koran Jackson, 23, Reginald Steele, 24, Tyiion Kyree Freeman, 24, Stephen Nelson, 22, and Aaron Dequan Brown, 27, are charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020 on the 600 block of S Street, NW. They are also accused in a separate incident the same day which left a seven-year-old boy suffering from gunshot wound injuries on the 2400 block of Alabama Avenue, SE.
During the hearing, two evidence motions were discussed.
The first entailed four phone calls supposedly between defendant Freeman and an alleged associate. During the call, the individuals reportedly discussed firearms related to Lukes’ homicide.
The defense requested these calls ultimately be disregarded, arguing that this acquaintance was not proven trustworthy due to previous unrelated criminal offenses and, further, the calls were unintelligible.
Freeman’s defense attorney, Shawn Sukumar, said, “A statement that cannot be understood is not a statement.” Parties will continue discussing this motion at a later date.
Additionally, parties considered defense’s motion to suppress any information from defendant Steele’s phone, that was recovered before he was taken in for questioning. Sukumar argued that the police did not have probable cause to seize the device.
The Metropolitan Police Department (MPD) lead detective testified on Jan. 25 that a search warrant was subsequently obtained for Steele’s phone, as he believed it contained evidence connected to the March 20 shooting.
Judge Brandt stated that while officers had probable cause to initially stop and question Steele due to reasonable suspicion, they did not have enough information to warrant a seizure of his cell phone.
The court ruled in the favor of the defense request to suppress the phone. Judge Brandt emphasized the lack of communication between officers on the night of March 1, 2020, stating that there was no information shared between officers where Steele was detained, and the apartment complex on Alabama Ave, where the shooting took place. It boiled down to “overworked officers not communicating.”
Officers initially picked up Steele’s phone after noticing it was simply lying on the ground during his initial detention, not for reason of probable cause. Judge Brandt concluded, “The devil is always in the details.”
The court is set to proceed motions on Feb. 1