Judge Orders Prosecution to Give Defense Some Body-Worn Camera Footage

By Ayda Atici [former] , Anthoine Godin [former] - February 7, 2024
Court | Daily Stories | Documents | Homicides | Suspects | Victims |

On Feb. 7, DC Superior Court Judge Robert Okun ordered the prosecution to provide the defense with body-worn camera footage of a homicide defendant at the scene of the crime.

Juan Guerra, 31, is charged with second-degree murder  for his alleged involvement in the fatal beating of 31-year-old Peter Miller, which occurred on Oct. 6, 2023, on the 900 block of Maine Avenue, SW.

According to court documents, officers responded to the location for the report of an unconscious person, where they located Miller inside of a residence. He was transported to a local hospital, where he was admitted in critical condition. On Oct. 11, he succumbed to his injuries. The Office of the Chief Medical Examiner (OCME) ruled Miller’s death a homicide, and the cause of death to be from blunt force trauma.  

In Guerra’s preliminary hearing, defense attorney Kevin Mosley requested certain pieces of evidence in the prosecution’s possession be turned over to defense counsel.

Including body-worn camera footage of Metro Police Department (MPD) officers speaking with Guerra at the scene, as well as footage of the search of the residence where Miller was found. 

According to court documents and the prosecution, Guerra appeared to be moving objects in the residence when MPD arrived.

The prosecution responded that the defense is not entitled to the footage because it was four hours long, and that Guerra was only visible in portions of it. They stated that they had already provided the defense with the facts of what had occurred in the video, so sending them the video would be unnecessary. 

Additionally, the prosecution argued several witnesses are present in the video, and they could be endangered risk if the footage was released.

Mosley argued he was entitled to the footage because he needed to confirm the prosecution’s summary of events, and could not simply accept their version as fact. Further, all of the witnesses were already known to Guerra and had been his former friends, so the footage should not pose any safety risk,

Mosley also stated that he would need the footage in order to see any potential injuries Guerra might have that could indicate that he was acting in self defense. Mosley stated that since there had been no eyewitnesses to the crime, this footage could be useful in determining what had actually happened.

Judge Okun ruled that the defense does not need the full four-hour video, but the prosecution has to provide them clips of the footage where the defendant can be seen or heard speaking. 

The prosecution agreed to do this, but stated that it would take them around a week to edit the footage and address safety concerns regarding any witnesses visible in the clips.

Judge Okun issued a continuance for the preliminary hearing and scheduled it for Feb. 27 with a different judge, as he would be unable to preside on that date.