Judge Schedules Trial for Defendant Without Indictment

By D.C. Witness Staff - April 9, 2019
Court | Daily Stories | Homicides | Suspects |

A DC Superior Court judge set a trial date in a codefendant murder case even though one of them hadn’t been indicted as of April 8.

Gabriel Brown and Antonio Upshaw, 29, are charged with first-degree murder while armed and robbery while armed for their alleged role in the shooting death of 24-year-old Tyrone Johnson on the 2300 block of Pennsylvania Avenue, SE in 2017. They are both being held without bail.

Jordan Woods was also arrested in connection to Johnson’s murder, however, the prosecution didn’t bring charges against him, according to the United States Attorneys Office for the District of Columbia.

“It makes no sense to wait for the second indictment,” Judge Todd Edelman said.

Per the defense’s request, Judge Edelman scheduled Brown and Upshaw’s trial on June 1, 2020, despite Brown, 30, not being formally indicted.

Upshaw’s indictment was filed on Sept. 26, 2018.

The prosecution said Brown’s indictment would be filed before the deadline. “We don’t have a specific timeline,” the prosecutor said. According to the Code of the District of Columbia, the prosecution has nine months to file an indictment. 

Brown and Upshaw are scheduled for a trial readiness hearing on May 17.