Judge Orders Defense to Provide Written Request for Release on Behalf of Murder Co-Defendant Prior to Consideration

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DC Superior Court Judge Rainey Brandt ordered a defense counsel to provide a written request on behalf of her client involved in a co-defendant murder matter. The defendant’s attorney has allegedly made this request multiple times without documentation.

Niko Hall, 31, Darqueise Montgomery, 20, and Kyrie Wells, 19, are charged with first-degree murder while armed, possession of a firearm during a crime of violence, possession of a firearm during a crime of violence while armed, carrying a pistol without a license outside a home or place of business, and assault with intent to kill while armed in connection to the shooting of 25-year-old, Anthony Lee, on the 2900 block of Martin Luther King Jr. Avenue, SE.

At the proceeding on Dec. 9, Montgomery’s defense attorney, Elizabeth Weller, asked that he be released as the trial is not scheduled until October of next year. 

Judge Brandt told Weller that she needs to formally make this request by filling out a bond release motion.

The prosecution informed the court that he would provide a written response upon her submission.

According to court documents, an altercation ensued between Hall, Montgomery, and Wells, and the victim, Lee, that ultimately resulted in his death. Footage from the Mellon Market Convenience store on the 2900 block of Martin Luther King Jr Avenue, SE reveals that one of the defendants brandished “what appeared to be a rifle” while facing the victim.

Judge Brandt allowed Montgomery to comment on his behalf in regard to his potential for release.

“I understand your perception of me based on the papers in front of you. I want to show you who I am,” he said.

Montgomery then proceeded to tell the court that he is a member of the Young Men Emerging program at the prison, where he attends yoga, meditation, and business etiquette classes designed to equip him for life outside of jail.

“You made my day,” Judge Brandt said. “You should never be afraid to speak up in front of the judge.”

Judge Brandt said she must consider the totality of the circumstances before issuing a ruling, emphasizing that this is a felony one case and bears serious repercussions.

Parties must return to court on April 14, 2023, to further discuss matters. The prosecutor said he expects to draft a response to Weller’s request by this time.