Judge Needs Time to Decide if a Murder Indictment is Flawed

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DC Superior Court Judge Michael Ryan informed the parties that his decision on a motion to dismiss a homicide case was still pending on April 4.

Franklin Dorn, 45, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of Antonio Brown, 28, on Aug. 6, 2023 on the 1200 block of North Capitol Street, NW.

On Jan. 6, Dorn’s defense attorney, Kevin Irving, filed a motion to dismiss the indictment arguing that it violated Dorn’s constitutional rights to a fair trial.

He asserted that the overly simplistic language used by the prosecution inaccurately illustrates the complexity of the case. The prosecution alleged that Dorn caused Brown’s death, but was not shooting, attempting to shoot, or aiding and abetting a shooting.

Additionally, Irving wrote that the prosecution erroneously informed the jury about the law and put forward an oversimplified theory that if the defendant didn’t pull out his gun, the shooting wouldn’t have happened. He concluded that the prosecution’s mistakes are “fundamental error[s]” that substantially undermined the jury’s ability to make impartial decisions.

The parties presented their arguments on the motion on Feb. 14.

During the April 4 hearing, Judge Ryan stated that the issues are very complex so he intends to issue a written ruling.

Parties are expected to reconvene on July 2.