Acquitted: Judge Rules on Motions in Homicide Case

By Izabella Apodaca [former] - October 23, 2023
Daily Stories | Homicides | Shooting | Suspects | Victims |

Editor’s note: On May 30, 2024 a jury acquitted Devonte Brothers of all charges connected to the homicide of Deron Leake. Brothers is still being held on homicide charges in another case.

On Oct. 20, DC Superior Court Judge Anthony Epstein addressed several motions submitted by counsel and delivered his rulings in a homicide case. 

Davonte Brothers, 29, is charged with first-degree murder while armed and possession of a firearm during a crime of violence, among other charges, for his alleged involvement in the murder of 27-year-old Deron Leake on Oct. 17, 2019, on the 4200 block of 6th Street, SE. The incident also left one individual suffering from non-life threatening injuries. 

Judge Epstein denied a motion submitted by the defense to suppress any in-court identifications of the defendant as the suspect during trial. Judge Epstein ordered that he will be allowing in court-identification at trial without further explanation.

The prosecution submitted a motion asking the court to exclude certain evidence that would be used as a self-defense argument for Brothers. Judge Epstein denied this motion with prejudice, meaning that prosecutors cannot file a future motion seeking to exclude the self-defense argument. Judge Epstein stated if the defense makes an argument for self-defense during the trial, he can instruct the jury to disregard their argument if there is no grounds for self-defense.

Defense counsel, Dominique Winters, submitted a motion to bifurcate elements involving prior convictions, meaning to divide the case into two separate elements. Judge Epstein denied this motion and asked both parties to find a stipulation agreeing about previous convictions. 

The prosecution requested a modification to the stay away order in place to include law clerks and interns for the defense counsel. They requested that Brothers should not be allowed to access unredacted information that would allow him to identify people by names and faces, due to significant safety concerns.The prosecution also stated that they do not want law clerks or interns to have access to unredacted materials because they are concerned about sharing them with Brothers. 

Winters responded by stating that there are no prior claims of her clerks or interns doing anything wrong or violating rules when viewing this information. She also stated that the entire defense team, including Brothers and her clerks and interns, already know who the witnesses are. 

Judge Epstein denied this request from the prosecution and ordered that the clerks and interns be allowed to have access to the unredacted material, but are not allowed to share that information with Brothers. 

The prosecution emphasized to the court that they “strongly oppose” Brothers being shown unredacted material due to strong safety concerns. 

Winters responded by saying that the prosecution already agreed to allow for unredacted material to be shown to Brothers in the grand jury stipulation. She stated that the stipulation asserts that “once both parties agree they are ready for trial, the defense will get unredacted material to confer with their client on, because there is a constitutional right to that.”

Judge Epstein stated that he does not find significant evidence to modify the protective order, he only orders that the defense is not allowed to leave any materials at the jail. 

Additional motions will be discussed at a continued trial readiness hearing. 

Parties are set to return on Oct. 27.