Judge Questions Handcuffing Murder Defendant During ‘Terry Stop’

By Ashley Drazka , Carmen Quinteros - April 15, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

On April 12, DC Superior Court Judge Michael O’Keefe heard arguments on the prosecution’s motion to admit unspecified statements made by a murder defendant to Metropolitan Police Department (MPD) officers.

Eric Davis, 60, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the murder of 41-year-old Theodore Riley on the 1600 block of Gales Street, SE on July 19, 2021.

According to court documents, Riley suffered from a gunshot wound to the head and was pronounced dead at the scene.

Prosecutors argued that on Sept. 13, 2021, MPD officers conducted a “Terry stop,”which allows police officers to briefly detain someone based on reasonable suspicion of involvement in a crime, and placed Davis in handcuffs.

During the stop, they tried to determine if Davis was in violation of a stay away order for an unrelated case where Davis was charged with possession with intent to distribute a controlled substance.

The handcuffs were later removed when MPD officers concluded that Davis was not subject to a stay away order.

Davis’ defense attorney, Howard McEachern, argued that it wasn’t a Terry stop because officers apparently wanted to talk to Davis about the homicide and that “the stay away is a ruse.”

“There is no valid reason for them to have put him in handcuffs for 30 minutes,” said McEachern.

McEachern further argued that Davis is heard in body-worn camera footage saying that he will talk to the MPD officers because he does not want “this” to happen again. McEachern explained that the “this” being referred to is Davis being placed in handcuffs.

Judge O’Keefe agreed that the MPD officers should not have placed Davis in handcuffs, while noting that the key issue is whether being placed in handcuffs affected whether Davis’ statements were voluntary.

According to McEachern, the statements are “something you can’t justify as being voluntary” because they cannot separate his statements by saying that some are voluntary and some are not.

Prosecutors argued that removing the handcuffs “sufficiently changed the circumstance. It puts [Davis] out of custody for Miranda purposes,” meaning that Davis’ rights to speak with an attorney weren’t violated.

Parties are slated to return April 15 for a ruling on the motion and trial.