Judge Hears Arguments from Defense to Sever Co-Defendants in Homicide Case

By Ashley Drazka , Carmen Quinteros - April 15, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

On April 12, DC Superior Court Judge Michael O’Keefe heard arguments from both defense attorney about severing two co-defendants’ cases in a murder trial.

Maurice Williams, 20, and Seaun McDowney, 19, are charged with first-degree murder while armed, two counts of possession of a firearm during a crime of violence, attempt to commit robbery while armed, and conspiracy for their alleged involvement in the fatal shooting of 20-year-old Marquette White on Jan. 21, 2022, on the 3800 block of Commodore Joshua Barney Drive, NE.

“These are real and live issues,” said Williams’ defense attorney, Brian McDaniel, while stating that the two defendants have conflicting stories.

McDaniel further argued that trying the defendants together places an extra burden on the defense because they “not only have to meet the [prosecution’s] argument but also the co-defendant’s argument.”

“If these cases are not tried together, we would present the exact same case twice,” responded prosecutors.

According to court documents, the conspiracy charge is based on a conversation through text message between Williams and his girlfriend that allegedly outlined what the defendants planned to do on the day of the murder.

McDowney’s defense attorney, Kevin Mosley, argued that “[these texts] alone could not prevail the conspiracy charge” and are therefore not admissible against McDowney.

Additionally, Mosley noted that McDowney was not aware of this “pillow talk” conversation and that these statements are “no different than Williams writing a diary to himself.”

“How are any of the statements furtherance of the conspiracy?” argued Mosley.

Prosecutors answered that “white-collar crime is where you have signed documents” and that “what you have here is circumstantial evidence.”

Judge O’Keefe acknowledged that the primary issue was “what constitutes a co-conspirator statement when [the statement] is not between the co-conspirators.”

Mosley’s motion to sever is based on the fact that Williams will not be testifying in court, which could hinder McDowney’s case.

Mosley believes that Williams could provide exculpatory evidence for McDowney because, if subpoenaed, Williams could speak to the fact that he told his girlfriend that McDowney did “nothing.”

Prosecutors argued that “McDowney’s participation is much more insidious. He was the inside eyes.”

Mosley concluded his argument by stating that it is imperative that “the defense has the ability to present their own defense. We have an absolute right.”

Parties are slated to return June 14.