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By
Elizabeth Bernstein [former]
- October 30, 2024
Daily Stories
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Homicides
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Suspects
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Victims
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During a hearing on Oct. 28, DC Superior Court Judge Maribeth Raffinan ruled on motions regarding an upcoming murder trial including that graphic body-worn camera footage of the victim’s death is admissible.
Rafeal Stevens, 39, is charged with first-degree premeditated murder, first-degree premeditated murder while armed, two counts of assault with a dangerous weapon, five counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict for his alleged involvement in the shooting death of Aniekobo Umoh, 50, on Dec. 29, 2022, on the 2700 block of 7th Street, NE.
Stevens’ attorney, Jason Tulley, argued that body-worn camera footage from the incident features two portions that are traumatic and prejudicial for the jury because they are “gory” and show Umoh dying.
Judge Raffinan ruled the value of these videos to the case outweighs any prejudice. However, Judge Raffinan ruled the audio of these two portions is “unfairly prejudicial” and ordered the prosecution to redact the audio.
Jude Raffinan also heard arguments regarding a motion from the prosecution requesting the defense not argue self-defense during trial.
The defense stated they are not required to disclose if they are going to argue a theory of self-defense at this time, but held that it is possible they will argue self-defense at trial.
Judge Rafinnan withheld a ruling on the motion but stated that if the defense chooses to claim self-defense in their opening statement they must provide evidence supporting this claim to the court prior to opening statements.
A defense motion to limit discussion of Stevens’ prior convictions during trial was also discussed at this hearing. According to both parties, Stevens’ past convictions are relevant to the case because of the felon in possession charge.
Judge Raffinan ruled that a stipulation regarding Stevens’ prior felony would be read to the jury but the name and nature of the felony could not be discussed during trial. Additionally, Judge Raffinan added the jury would be provided an instruction on how to consider the prior conviction.
Judge Raffinan also heard arguments regarding a defense motion to compel information from the prosecution about Umoh’s being a government informant in relation to drug distribution.
The prosecution argued that is a rumor they are not required to investigate and the defense is not entitled to any further information. According to the prosecution, the rumor stems from a comment a family member made to a detective which was speculation and not supported by evidence.
The defense made their argument regarding this motion ex-parte.
Judge Raffinan ruled the prosecution must provide the defense with the name of the family member linked to the rumor. However, she needed additional time to make any further rulings.
Judge Raffinan also made a preliminary ruling on a motion filed by the prosecution to limit defense references to Umoh’s past criminal history involving drug charges during trial.
The defense alerted the court they would most likely not reference Umoh’s past criminal history, and Judge Raffinan ruled the defense may not reference Umoh’s criminal history. However, Judge Raffinan added that the defense can challenge this ruling if it becomes necessary during trial.
Parties are slated to reconvene on Nov. 1.