Judge Rules on Prosecution’s Evidence in Co-Defendant Mass Shooting Case

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DC Superior Court Judge Neal Kravitz heard arguments about the nickname of a murder weapon in pre-trial motions in a mass shooting case with six co-defendants during a hearing on March 10.

Erwin Dubose, 30, Kamar Queen, 27, Damonta Thompson, 28, and William Johnson-Lee, 22, are charged with conspiracy, first-degree murder while armed, assault with intent to kill, among other charges, for their alleged involvement in the mass shooting that killed 31-year-old Donnetta Dyson, 24-year-old Keenan Braxton, and 37-year-old Johnny Joyner. The incident occurred on the 600 block of Longfellow Street, NW on Sept. 4, 2021, and injured three additional individuals.

According to court documents, the suspects allegedly conspired to commit the shooting against individuals associated with the Kennedy Street crew (KDY) in retaliation for a shooting that occurred one hour earlier. The suspects allegedly drove a black Honda Accord to the scene, emerged from the vehicle armed and wearing masks, and returned to the vehicle after shooting.

Mussay Rezene, 32, and Toyia Johnson, 52, are charged with accessory after the fact while armed and tampering with physical evidence for their alleged involvement in assisting the other defendants get rid of evidence and avoid getting caught.

During the hearing, Judge Kravitz heard arguments on the prosecution’s motion to admit evidence establishing background, context, and motive. Prosecutors sought to admit Instagram messages sent by Dubose in the summer of 2021, emphasizing their importance as an “anchor” in their “stream of evidence” necessary for the context of the homicides.

Prosecutors claimed “drake” used by Dubose in the messages is slang for Draco, the type of gun allegedly used in the homicides. They plan to call to validate their claim.

Steven Ogilvie, Dubose’s attorney, objected to the messages, arguing “drake” is ambiguous because it is a very broad firearm category. All defense lawyers supported the objection.

Judge Kravitz ruled the messages about “drakes” are admissible and relevant to show Dubose was apparently trying to get a gun months before the shooting, making it more likely he had one at the time of the homicides. The judge added that the ambiguity is to the weight, not the admissibility of the evidence.

Judge Kravitz held the evidence is admissible against all the defendants because individuals associated with Dubose are more likely to have committed their alleged crimes if Dubose was the shooter.

The prosecution also sought to introduce evidence related to a nonfatal shooting on Aug. 17, 2021 they claim Dubose committed using the same firearm he allegedly used in the homicides. Prosecutors have a firearm expert to testify and support their claim that the same M92 Draco was used in both shootings. They argue the messages show Dubose’s intent to acquire a Draco and the shooting is proof he got the gun succeeded.

Prosecutors added that the shooting is evidence of prior animosity towards KDY because it was the “same group of actors” and provides context as to why KDY is the choice of retaliation in the homicides.

Ogilvie argued the shooting should not be admissible because there is no direct evidence or identification of Dubose as the shooter.

Judge Kravitz prohibited evidence of the shooting because the prosecution’s argument is “circular and ultimately not persuasive” and without evidence there is no logic to their theory. The judge elaborated that the evidence is not strong enough Dubose was the shooter, risks unfair prejudice, and “requires too much speculation.”

Pretrial arguments are ongoing.