Case Acquitted: Judge Grants Two Motions During Trial Readiness Hearing

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Tierra Posey was acquitted of all charges on March 20, 2024.

On March 5, DC Superior Court Judge Marisa Demeo granted two motions filed by the prosecution to admit various segments of surveillance footage and a majority of the audio which was recorded in the moments leading up to the incident and afterwards in a homicide case trial.

Tierra Posey, 24, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside of a home or business, for her alleged involvement in the fatal shooting of 21-year-old Tia Carey on Jan. 6, 2020, at a gas station on the 3700 block of Minnesota Avenue, NE.

The prosecution presented a video captured by a Metropolitan Police Department (MPD) officer’s body-worn camera of Carey’s body on the ground after the incident. At the end of the video, the camera moves closer to the side of Carey’s head which appeared to be covered in blood.

Posey’s defense attorneys, Kevann Gardner and Quiana Harris, requested that the court cut out the video before the camera moves closer to Carey’s head since it lacks relevancy and is graphic in nature.

The prosecution countered that the video corroborates the testimony they believe witnesses will give at the trial, saying Carey was shot in the head.

Judge Demeo ruled in favor of the prosecution and the video will be played by the jury.

The prosecution then presented four videos captured by surveillance cameras at the gas station, which recorded the crime as it occurred.

All videos allegedly depict Posey in her vehicle leading up to the shooting with audio of gunshots, including one sequence taken by a bystander showing the chaotic scene

Gardner and Harris objected to all of the videos arguing that none capture Posey’s demeanor before, during or after the crime, which was the prosecution’s reasoning behind using the videos. Harris added that the videos are cumulative as they all establish the same facts by capturing the same series of events.

Judge Demeo said that the videos are highly relevant because they were taken while the crime was being committed. She also mentioned that the videos recorded different angles of the crime so they are not cumulative.

Gardner and Harris then requested that some “inappropriate” audio be removed from the bystander’s recording, as the bystander can be heard laughing and talking.

Judge Demeo agreed with the defense and ruled that the prosecution must remove the audio of the recording where the bystander was making statements such as, “Y’all better get the f**k on!”

Parties are expected to return to court on March 11 for the trial.

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