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By
Jeff Levine
- December 14, 2023
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Under an order filed Dec.14 by DC Superior Court Judge Anthony Epstein the prosecution must turn over much of the potentially exculpatory evidence the defense wanted in a long-delayed murder case.
Kavon Young, 33, is accused of first-degree murder while armed during a robbery at a cookout on July 3, 2010. According to a report from the Metropolitan Police Department (MPD), Young was one of three-to-five suspects that swooped down on the pre-holiday event on the 3200 block of Nelson Place, SE, pistol-whipping at least one victim and demanding money from others.
As the struggle unfolded, police say that Young shot John Purnell, 66, multiple times even though he may not have been the intended target.
Acknowledging in his ruling that ,”The murder occurred in 2010, making the trail cold”, Judge Epstein said prosecutors must turn over any remaining evidence regarding fingerprints, firearms used in the crime, and a stolen vehicle that was recovered.
Judge Epstein also concluded, ”If the government has any additional documents containing the tracking data it previously provided, it should provide it as soon as practicable.”
More broadly, Judge Epstein’s ruling opens the door for a review of evidence in the case.
“Although Mr. Young did not explicitly make this argument his motion, the argument in his reply that deficiencies in a police investigation can create a reasonable doubt is correct,” opined Judge Epstein.
“Even if the police did not list or otherwise document the investigative steps that were not done or forgotten, Mr. Young appears to have a right to this information,” writes Judge Epstein and the prosecution should turn it over as soon as possible.
The ruling denied defense requests to have more information about witnesses and only allows the release of redacted information that isn’t identifiable.
In court proceedings on Thursday, Young’s defense team renewed the request for additional material that they believe could exonerate Young saying they are “at the prosecution’s mercy.”
Judge Epstein set the next hearing in this case for Jan. 8, 2024 during which expert witnesses for both parties are expected to testify for two days.