Judge Makes Substantial Probability Finding in Murder Case

A DC Superior Court judge ruled that a fatal shooting case has enough evidence to go to trial.

Malachi McFarland, 21, is charged with first-degree murder while armed for allegedly shooting 29-year-old Kerry Odoms on April 15 on the 3300 block of 10th Place, SE. 

During the Oct. 22 hearing, Judge Marisa Demeo made a finding of substantial probability.

The prosecution presented surveillance footage showing a group of individuals in a parking lot. Two shooters are seen in the video. The first shooter starts to fire and the group disperses. Odoms is initially shot by the first shooter. 

An individual in a red hat is seen running from the scene but then returning and firing eight shots at Odoms.

The prosecution said witnesses identified McFarland as the man in the red hat. They also said that McFarland’s work identification card was found at the crime scene.

Defense attorney Jacqueline Cadman argued that the lack of physical evidence, such as fingerprints or DNA, precludes the prosecution from proving McFarland to be the shooter.

Cadman also argued against the reliability of the Metropolitan Police Department officer who identified McFarland as the second shooter, pointing out that he became the subject of public condemnation last August after a video showed him repeatedly striking a man in the face while he was under arrest.

After making a finding of substantial probability, Judge Demeo scheduled the next hearing for Dec. 17. She also denied Cadman’s request for her client’s release from DC Jail.