Judge Uses New Directive to Find Probable Cause in Murder Case

By D.C. Witness Staff - May 14, 2019
Court | Daily Stories | Homicides | Suspects |

A DC Superior Court judge cited a new directive from the Court of Appeals May 13 to find probable cause a murder defendant shot a man in October of 2018

Judge Edelman’s ruling was based on a new directive from the Court of Appeals that says that probable cause can be found if the defendant could be convicted, in trial, of an offense eligible for detention.

During the preliminary hearing, Judge Todd Edelman said probable cause with substantial probability was based on the fact that the only evidence of self defense comes from the defendant. He ordered Marable should continue to be held at DC Jail without bail.

According to court documents, the defendant told police that the woman he was romantically involved with, who was walking with him from the gas station, said, “he pointing at you, he pointing at you.” The defendant said he started shooting when he heard those words.

A detective with the Metropolitan Police Department said the victim was associated with two individuals who were shot at four days before the homicide.  Apparently, the shooting was a block away from the crime scene. The detective said the individuals previously assaulted Marable.

The detective also said casings from both crime scenes were identified as a match through a national firearms database. Although the match was never confirmed, the detective said the match is very likely.

According to the police, there was no ballistics evidence that indicates a gun was fired from the lot of the gas station where the victim was sitting in the passenger seat of a car. The detective also said there was no visible evidence of projectiles on the buildings that surrounded the alley Marable and his ex-girlfriend was walking toward.

Casings on the scene were all shot from the same weapon, court documents state.

The defense said the shooting was in self defense because Marable had reason to believe his life was in danger, noting that the victim was staring at the defendant, crouching in an offensive position and associated with people who previously assaulted Marable. The defense also told the judge that the defendant’s ex-girlfriend jumped under a car because she believed a shootout was about to occur.

However, the prosecution said Marable had “no reasonable belief to use deadly force. No reason to turn around and shoot. No reasonable belief [his] life was in danger.”

Marable is still pending a grand jury hearing. He is scheduled for a felony status conference on July 19.