Judge Rules on Text Messages in Homicide Case and Grants Severance for Co-Defendant

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On Feb. 5, DC Superior Court Judge Rainey Brandt ruled on defense’s motion to suppress text messages recovered as evidence from a homicide defendant’s phone.

Koran Jackson, 23, Reginald Steele, 24, Tyiion Kyree Freeman, 24, and Stephen Nelson, 22,, are four of five individuals charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020 on the 600 block of S Street, NW. 

Steele is also charged in connection to a separate incident which left a seven-year-old boy suffering from gunshot wound injuries on March 20, 2020, on the 2400 block of Alabama Avenue, SE.

As a result of the prosecution’s moving forward with the motion to use statements made on Steele’s phone as evidence, Steele motioned for his case to be severed from the other defendants. Judge Brandt granted the motion.

Parties read through 50 pages of text message statements made among the four co-defendants, and the court considered which statements would be admitted into evidence. 

Judge Brandt granted in-part, and denied in-part select statements that were sourced from Steele’s phone. 

Select statements that were denied include the discussion of narcotics or about individuals not directly involved in the trial. The court considered text message conversations as a whole, rather than ruling on individual statements without context.

Jackson’s defense attorney, Brian McDaniel, raised concern that some terminology found in the granted text statements were confusing to the defense counsel, and may be confusing for the jury such as “Bet” that can be a confirmation or “FR,” which is an acronym for for real.

Prosecution announced their plans to introduce an intelligence officer as a witness so that the court and jury will have a credible source to understand the slang.  According to the prosecution, the officer has more than 20 years of experience, and works closely with young people. 

The prosecution added that the defense will be able to cross-examine the witness about the terminology as well.

Parties are slated to return Feb. 6 to continue discussing motions.

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