DC Superior Court Judge Todd Edelman released a vehicular homicide defendant on July 14 after finding probable cause for second-degree murder while armed.
Tiana Smith, 43, is charged with second-degree murder while armed for her alleged involvement in a motor vehicle accident that resulted in the death of 22-year-old Samuel Kesselman at the intersection of New Jersey Ave and P Street, NW, on Oct. 20, 2022. Kesselman succumbed to his injuries on March 27, 2023.
According to surveillance footage, the incident occurred when Smith allegedly arrived at a stop light with a line of cars, swerved around the line into a left turn only lane, continued to go straight, and reportedly collided with Kesselman’s scooter.
Prosecutors called the Metropolitan Police Department (MPD) lead detective, who took over the case after the previous detective retired. The detective established that the suspect vehicle was going 39 miles per hour (mph) at its fastest, and the area’s speed limit is 25 mph.
Prosecutors presented ring and nest camera footage that showed multiple angles of the incident in which the vehicle can be seen going around the line of cars and into the left lane, followed by the sound of a crash.
Judge Edelman questioned why it took MPD three years to arrest Smith, as the warrant for Smith’s arrest was last updated in 2023. The detective said he did not know. Judge Edelman characterized this as an “unsatisfactory” answer.
During cross-examination, Smith’s Attorney, Christen Philips, used the arrest warrant to question the detective’s identification of Smith as the driver.
Philips explained that her client’s arrest stemmed from two unrecorded phone calls that allegedly occurred between the former detective and Smith. The current detective confirmed that he did not discuss these calls or the case with the former detective, explaining that “he is very reclusive when it comes to MPD.”
According to court documents, Smith allegedly told the former detective “I didn’t even know what I hit.” and “I keep wondering how he is doing.” Court documents state that Smith also reportedly told the detective that she wanted to come in and “give a confession.”
According to Philips, Smith has never sat down for a recorded interview with the MPD or admitted to driving the car that night.
Philips also highlighted that no witness identified Smith as the driver of the vehicle at the time of the incident. She added that there are no photographs or videos of Smith driving the car that night.
According to Philips, Smith reported her car stolen shortly after the incident. The detective, however, said he had no evidence supporting that claim.
The car was found on Oct. 27, 2022, at Howard Road and Bryan Place, SE, which Philips asserted is not where Smith lives. She also claimed that no witnesses or Smith have any connection to that location.
One witness told detectives that the car had been there for more than a week, but they were not sure how it got there.
In addition, Philips asked the detective about the DNA evidence found in Smith’s car. DNA evidence of three people, including one man, was recovered on the steering wheel, and four people, including one man, from the center console.
The detective also established that on the night of the incident, the light at the intersection had just turned green, so the suspect vehicle was traveling toward a green light. Additionally, he said he was unaware of the mental state of the driver that night.
Philips argued that this case is “at best… is negligence,” not second-degree murder.
A negligent homicide charge is the unintentional killing of another person due to unjustifiable risks or a gross deviation from a reasonable standard of care. Philips argued that in this case, there was no motive to kill or harm the victim. She highlighted that the car was driving in a legal lane and direction, toward a green light.
“Had she simply waited her turn, this wouldn’t have happened,” prosecutors said.
The prosecutor urged Judge Edelman to find probable cause for second-degree murder while armed, alleging that Smith acted in conscious disregard for human life, which does not require intent.
Judge Edelman found probable cause for second-degree murder while armed based on Smith’s ownership of the car, cellphone data that shows Smith’s phone pinged a nearby tower the night of the incident, and the statements she allegedly made to the MPD. However, he also said this is “barely enough evidence” to support second-degree murder while armed.
The parties also discussed Smith’s detention. Philips confirmed that Smith is 43 and has no prior convictions.
The prosecutor asked that Smith be held. She alleged that Smith made a fake police report about the stolen car, involved a family member to cover up the events, and went to a public forum acting like a “victim of injustice.” According to the prosecution, all of these things reflect poorly on Smith’s character and justify her continued detention.
Philips requested Smith’s release, citing her support from the community and the three years between the incident and her arrest. Philips referenced six letters of support submitted to the court from community members vouching for Smith’s character. She also emphasized the prosecution has had all the information since 2023 and did not seek an arrest until now. During that time, Smith did not engage in any criminal activity.
Judge Edelman released Smith on the condition that she does not operate any motor vehicles. The judge explained that the prosecution had not established clear and convincing evidence that Smith should be held, especially since they have not charged or detained Smith for the past three years.
Parties are slated to reconvene on Nov. 20.
