Judge Releases Murder Defendant After Not Finding Probable Cause

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A DC Superior Court judge ruled that there is not enough evidence to bring a homicide case to trial.

Cotey Wynn, 39, had been charged with second-degree murder while armed in the shooting of 53-year-old Eric Wright. On Feb. 17, 2017, Metropolitan Police Department (MPD) officers found Wright on the 900 block of 12th Street, NE suffering from multiple gunshot wounds. He was pronounced dead at a local hospital. 

The preliminary hearing started on Feb. 4. When proceedings resumed four days later, the prosecution argued that witness statements placing Wynn in an alley near the incident, footage of Wynn walking in the alley with his hand in his pocket and a detective’s testimony gave the case probable cause. 

Defense attorney Brian McDaniel argued that the evidence only placed Wynn near the scene and neglected to consider the other person caught on video near the scene as the possible shooter. McDaniel also said the prosecution only successfully proved that Wynn was in the alley and did not find the gun or prove that Wynn had a gun in the footage or through eyewitness reports.

Judge Danya Dayson said that the facts on the record failed to show that Wynn was in possession of a gun. A release order was filed in the case on Feb. 8.

 Wynn had been held at DC Jail since Dec. 5, 2020.

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