Judge Rejects Motion to Dismiss Murder Charges

By Rosie Rohrer [former] - June 16, 2023
Court | Daily Stories | Homicides | Juveniles | Shooting | Suspects | Victims |

On June 16, DC Superior Court Judge Robert Okun rejected a defense attorney’s motion to dismiss his client’s case.

Juvan Alston, 21, is charged with first-degree murder alongside his 19-year-old brother Davon Alston for their alleged involvement in the 2022 death of Dennis Simms.  Simms, 17, was shot and killed on the 800 block of Yuma Street, SE on July 1, 2022. 

In the hours leading up to the hearing, prosecutors received notice of a video depicting Fairfax County Police Department officials questioning Juvan following his arrest in October 2022, in which potentially incriminating statements were made. 

The prosecution claimed the preliminary hearing could not proceed until all parties were given the opportunity to review the new evidence.  Juvan’s defense attorney, Stephen Logerfo, filed a motion to dismiss the case against his client when this new evidence came to light. 

Logerfo claimed that rescheduling the preliminary hearing would place it too close to his client’s indictment deadline.  However, Judge Okun declined the motion. 

Both Juvan and Davon are awaiting indictment. Prosecuting attorneys extended a pre-indictment plea deal to the defendants, which will be considered in the following weeks.

Parties are set to return for the rescheduled preliminary hearing on July 21.