Judge Sets Preliminary Hearing for Murder Case

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A DC Superior Court judge scheduled a preliminary hearing to determine if a murder case has enough evidence to go to trial.

Brian Foster is charged with first-degree murder while armed in the shooting of Anthony Joseph Mitchell, Jr. on Aug. 18. According to court documents, the 43-year-old was found on the 3700 block of 1st Street, SE, suffering from a gunshot wound to the face.

During an autopsy, the chief medical examiner found a second bullet that was lodged in the decedent’s back, according to court documents. Crime scene technicians observed three 9mm bullet casings in the street near Mitchell’s vehicle.

Foster, 39, was arrested on Oct. 26.

Defense counsel Nikki Lotze asked the prosecutor for evidentiary materials regarding a preliminary hearing. The prosecution said it would take a couple weeks to get everything prepared as the courts are beginning to hear more jury trials since the start of the pandemic.

Judge Danya Dayson scheduled the preliminary hearing for Dec. 14.

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