DC Superior Court Judge Rainey Brandt ruled on May 5 that the defense cannot mention police misidentification of a mass shooter in the trial of a defendant charged with aiding and abetting the incident.
Cotey Wynn, 44, is charged with first-degree premeditated murder while armed, three counts of assault with intent to kill while armed, and four counts of possession of a firearm during a crime of violence for his alleged involvement in a mass shooting at CRU Lounge, on the 1300 block of H Street, NE on Sept. 23, 2023. The shooting resulted in the death of 31-year-old Blake Bozeman and injuries to three surviving victims.
According to prosecutors, Wynn allegedly aided and abetted the shooter by facilitating his entry into the club with the firearm.
The alleged shooter, Frank Johnson, 44, is charged with first-degree murder for his alleged involvement in the same incident.
The prosecution previously alleged the shooter was Antwan Shelton, 42, who was arrested on March 21, 2025 and charged with first-degree murder while armed. However, a month after his arrest, the prosecution dismissed the case against Shelton.
A motion filed by the prosecution on May 2, asked Judge Brandt to not allow the defense to mention the misidentification of Shelton as the co-defendant during Wynn’s trial. The prosecution’s motion states the defense intended to inform the jury that police mistakenly arrested Shelton and he spent time in jail as a result.
In court, the prosecution argued that evidence of a co-defendant who no longer faces charges is not relevant to Wynn’s trial. There was no misidentification of Wynn, noted prosecutors, and the defense will confuse the jury with an irrelevant issue.
Wynn’s attorney, Randy McDonald argued Wynn has a fundamental right to challenge the detective’s investigation and argue the jury should not believe him because of his mistake.
Judge Brandt acknowledged Wynn’s right to challenge the police investigation but said it would be a stretch that it would violate his rights for her to grant the motion that concerns the misidentification of another suspect.
In Wynn’s trial, Judge Brandt said the jury must determine whether Wynn was complicit and aided and abetted the shooter regardless of his identity.
The misidentification of the shooter would be highly probative in Johnson’s trial, but had little value in Wynn’s, said Judge Brandt. “Mr. Akulian would have a field day with that with the jury” and “he’d have a right to have that field day,” said Judge Brandt about David Akulian who represents Johnson.
Wynn is not accused as the shooter, therefore the misidentification has no relevance in his trial, determined Judge Brandt and she granted the prosecution’s motion.
Wynn’s other attorney, Brian McDaniel, then noted that Wynn’s original arrest warrant mentioned phone records between Shelton and Wynn around the time of the shooting. Now, McDaniel said the prosecution planned to ask the jury to infer communication between Wynn and Johnson related to the shooting. McDaniel said the defense should be able to argue that because prosecutors were wrong about Wynn conspiring with Shelton, they are also wrong that he conspired with Johnson.
The prosecutor said they won’t present evidence of communication between Johnson and Wynn because it does not exist.
Judge Brandt affirmed her ruling and said “We’re going to be reasonable minds and disagree on that point.”
The parties are scheduled to reconvene on May 11 for jury selection.
