Judge Issues Continuance in Murder Trial

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On Jan. 31, a judge issued a continuance in a murder trial because of a missing witness.

Saeve Evans is charged with first-degree murder while armed and two gun related offenses for his alleged involvement in the death of Breyona McMillian on the 1200 block of I Street, SE in 2016. Evans, 32, is also charged with obstruction of justice. 

The missing witness was allegedly standing near McMillian, 16, at the time of her death. If the witness is not located by Feb. 4, the prosecution would have to ask for a mistrial.

“We need that witness,” the prosecutor said. Apparently, the witness has been missing for at least a week. 

DC Superior Court Judge Craig Iscoe said the unfortunate death of Sean Shuler on Jan. 26 may play a role in keeping the witness away.

On the day of the incident, the defense said that Evans began firing at a black car in self-defense. He saw movement and believed that Shuler, 26, was in the vehicle. Apparently, Shuler shot Evans in a previous encounter.

Even though the defense said a shooter in the black car shot McMillian, the prosecution said Evans was the only shooter, and he was ultimately responsible for McMillian’s death.

However, the prosecution cannot prove that there was only one shooter. According to a ballistics expert, there could have been two weapons involved.

The expert witness said he tested bullet cartridges from the scene. He said some of those cartridges have similar characteristics and were fired from the same gun. However, he could not say for certain whether all the cartridges were fired from the same weapon.

“It’s inconclusive,” the witness said.

He said the gun Evans was allegedly holding in surveillance footage was characteristic of a micro uzi pistol. He said this pistol would be consistent with the cartridges found at the scene.

Follow the trial on dcwitness.org.