Judge Releases One Defendant and Holds Co-Defendant in Homicide Preliminary Hearing

Thank you for reading D.C. Witness. Help us continue our mission into 2024.

On April 8, DC Superior Court Judge Robert Okun released defendant Jayvon Thomas but held co-defendant Lavar Hunter in a preliminary hearing for their homicide case.

Hunter, 19, and Thomas, 20, are charged with first-degree murder while armed for the shooting of 24-year old Anwar Wingate. The incident occurred in a parking garage on the 2100 block of 8th Street, NW, on November 19, 2021.

The prosecution argued there was probable cause to hold both defendants for first-degree murder, citing that the shooting was planned as part of a robbery attempt on Wingate.

According to prosecutors, Hunter and Thomas allegedly robbed Wingate for his firearm, due to the fact that Wingate was captured on surveillance video posing with a firearm. However, officers found no weapons on his body.

There was also surveillance footage of Thomas allegedly taking the firearm from Wingate’s waistband after he had been shot.

Prosecutors argued that surveillance footage shows Hunter and Thomas planning the robbery moments before it took place. They claim the two defendants preyed on a vulnerable person, given that Wingate was highly intoxicated at the time of the shooting.

Thomas’ defense attorney, Sylvia Smith, argued against probable cause because Hunter was allegedly the one to shoot Wingate, not Thomas. According to Smith, Thomas had no intention of killing Wingate and did not know Hunter was armed. She argued that video surveillance showed Thomas “in harm’s way,” when Hunter fired.

Hunter’s defense attorney, Lisbeth Saperstein, argued that probable cause did not apply because Hunter was attempting to protect Thomas, who was in a physical altercation with Wingate at the time of the shooting.

“His conduct was consistent with self-defense of another,” said Saperstein.

The prosecution responded by that Thomas would not have attempted to rob Wingate if he did not know Hunter was armed.

While deliberating terms of release for the two defendants, prosecution and defense attorneys both cited concerns about safety of the witnesses and well as the defendants.

The prosecution argued that the witnesses were well known to Thomas and Hunter, and could be in danger of retaliation if the two were released. However, Smith and Saperstein argued that it would actually put the defendants at risk, since the witnesses and victim’s family had spoken out against them in interviews.

Smith read letters of support from Thomas’ family, including one from his mother, who called him “a present and devoted father,” to his two young children.

Defense attorneys also pointed out that neither of the defendants had previous felony charges.

However, Judge Okun remarked that this family support and lack of criminal history did not stop the shooting from taking place.

Judge Okun ultimately detained Hunter as he was allegedly the one to shoot Wingate, but released Thomas to home confinement and electronic monitoring.

Parties are slated to reconvene June 8.

Follow this case