Judge Only Finds Probable Cause for One of Two Homicide Defendants

By D.C. Witness Staff - March 17, 2021
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

A DC Superior Court judge ruled that only one of two co-defendants charged in connection with an October homicide has enough evidence against him to bring his case to trial. 

On Oct. 6, 2020, 30-year-old Michael Bright was found unconscious on the 1100 block of 45th Street, NE suffering from apparent gunshot wounds. He was taken to a nearby hospital where he succumbed to his injuries.

Exavior Pinnix, 21, and Delonte Samuels, 28, are charged with first-degree murder while armed in connection with Bright’s death.

During the March 16 preliminary hearing, Judge Michael O’Keefe only found probable cause for Samuels, and dismissed Pinnix’s case.

 The prosecution argued that there is substantial probability, a higher standard than probable cause, that Pinnix aided and abetted in the shooting. The prosecution indicated that surveillance footage, statements from one of the witnesses and Pinnix’s own statements show the extent of Pinnix’s involvement.

Defense attorney Jacqueline Cadman argued that the prosecution failed to even meet probable cause. Cadman said the video footage clearly shows Pinnix drove directly past the two suspects who were alleged to have shot Bright and shows the shots occurred seconds after Pinnix had driven away from the intersection. Cadman also argued that a key witness’s statements were inconsistent and unreliable.

The prosecution said the key witness’s  statements and a text message show that Pinnix planned to rob Bright with Samuels along with a third suspect. The prosecution said, based on the totality of the witness’s statements and the texts, the defendants were talking about getting guns on the morning of the shooting. 

Judge O’Keefe clarified that the argument the prosecution was making did not qualify as aiding and abetting but only as accessory after the fact.

Samuel’s defense attorney Janai Reed briefly spoke after Cadman and said that based on Cadman’s arguments she would argue that the prosecution does not meet probable cause for Samuel’s either.

Reed said there was no physical evidence that indicated that Samuels shot Bright. She said the most the prosecution has is Samuels on video running from the shooting, which she argued is a logical response. GPS monitoring corroborates that  he was in the area of the shooting.

After hearing both parties and taking a 20 minute break to go over the evidence, Judge O’Keefe found probable cause that Samuels was involved in an armed robbery that ultimately caused the death of Bright.

The judge ruled that Samuels should be held without bail. His next hearing is scheduled for June 16.

The judge also agreed with Cadman, saying probable cause was not because the physical evidence only proved Pinnix was on the scene but not that he took part in the homicide.

A third defendant in the case, James Flemings, is scheduled for a hearing on May 4. Flemings, 24, is also charged with first-degree murder while armed.