DC Superior Court Judge Michael Ryan granted a motion to sever at a hearing on Feb. 20, ordering that a homicide defendant and his obstruction co-defendant be tried separately.
Robert Carpenter and Aillayh Carter are charged in related matters stemming from a May 7, 2024 fatal shooting.
Carpenter, 27, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction greater than a year for his alleged involvement in the fatal shooting of Tremaine Nicholson, 42, on the 3400 block of 25th Street, SE.
According to court documents, officers with the Metropolitan Police Department (MPD) responded around 1:35 p .m. and located Nicholson suffering from four gunshot wounds inside an apartment. Nicholson was pronounced dead at 1:49 p. m.
Carter, 29, is charged with two counts of obstruction of justice for allegedly attempting to influence or impede two witnesses to the murder between May 7 and May 8, 2024.
Carpenter’s attorneys, David Knight and Christen Phillips, filed a motion to sever on Feb. 6, asking the court to separate the defendants’ cases for trial. Judge Ryan stated that although courts generally prefer joint trials for reasons of efficiency and judicial economy, severance is required if a joint trial would create prejudice that risks compromising a defendant’s right to a fair trial.
In explaining his ruling, Judge Ryan said that if the cases were tried separately, Carter could potentially testify in Carpenter’s trial and provide first-hand information about Carpenter’s knowledge leading up to the shooting, his relationship with Nicholson, and what occurred inside the apartment. The judge noted that those facts could not be adequately established through other witnesses.
The prosecution opposed severance, questioning how Carter could testify without invoking her Fifth Amendment right against self-incrimination, especially if her testimony implicated her in the homicide or conflicted with prior statements. The prosecution also raised concerns about managing approximately 21 witnesses, separate subpoenas, and duplicative disclosures in two separate trials.
During the discussion, Knight noted that Carter would testify in Carpenter’s trial if the cases were severed.
Judge Ryan stated that the court could not base its decision on speculation about whether Carter might invoke the Fifth Amendment or how the cases might unfold. He found that there was a sufficient risk of prejudice to Carpenter in a joint trial and granted the motion to sever. The court ordered that the trials proceed back-to-back, with Carter’s trial first.
The court then addressed trial readiness in Carter’s case.
Carter’s attorney, Gregory Copeland, stated that his understanding had been that the prosecution would not use Carter’s statement on Sept. 18, 2024 to a grand jury. Copeland referenced a statement in which Carter allegedly said she shot Nicholson, characterizing it as false and seeking additional context regarding a statement made without her attorney present.
The prosecution responded that Carter was advised of her rights, including Miranda and grand jury rights, and was not a suspect at the time of her grand jury testimony. The prosecution stated that Carter persisted in claiming responsibility for the murder despite being told she did not commit the offense. If Carter testified inconsistently at trial, she could be subject to impeachment, noted prosecutors.
Carter’s trial is scheduled for March 12.
Carpenter is slated to return for a status hearing on March 17.
