Judge Rules Against Admitting Gang-Tie Evidence in a Homicide Case

By Elizabeth Brady [former] - November 15, 2024
Court | Daily Stories | Homicides | Shooting | Victims |

DC Superior Court Judge Maribeth Raffinan granted a defense motion to exclude the prosecution’s Instagram evidence suggesting the suspects had a gang association. The action in a Nov. 14 hearing blunted the prosecution’s effort to establish a motive for a homicide.

Tony Morgan, 31, is charged with first-degree murder while armed with aggravating circumstances, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and conspiracy. The changes stem from his alleged involvement in a fatal shooting on the 3500 block of Wheeler Road, SE, on Oct. 20, 2018, which resulted in the death of 19-year-old Malik McCloud. 

Martinez Raynor, 26, is also charged in connection to McCloud’s death. Judge Raffinan had granted a request to sever the cases, allowing them to be tried separately.

Without the jury present, the parties argued over evidence, including Instagram posts and screenshots of Instagram narratives that included individuals outside of the indictment. 

The prosecution argued the evidence was necessary to establish Morgan and Raynor’s alleged affiliation with the “Solid Gang,” which, they say, would provide a motive for the murder. The prosecution also said the evidence also showed Raynor’s consciousness of guilt.

Steven Kiersh, one of Morgan’s defense attorneys, argued the evidence was suggestive and would prejudice the jury against Morgan. HIs other attorney, Megan Allburn, said introducing the other gang members would be “well outside the scope of this conspiracy.”

Judge Raffinan excluded the Instagram screenshots from evidence because they were dated after the incident. She said she will rule on the other Instagram evidence at the next hearing.

The prosecution called a police officer who arrested Raynor. He testified to bringing Raynor into custody allegedly for narcotics and a firearm that was later linked to the murder of McCloud. The officer said he also found two additional firearms in Raynor’s residence while executing a search warrant. 

The prosecution called an expert witness from the FBI’s Cellular Analysis Team to present his findings regarding phone data from the incident. The witness explained what cell towers picked up Raynor’s and Morgan’s phone calls in the hours before and after the incident. He concluded they may have been together and they were unlikely to have been talking to each other.

The parties are set to reconvene on Nov. 18.