Judge Waits to Learn More About A Murder Case Before Ruling

By D.C. Witness Staff - June 26, 2020
Court | Daily Stories | Homicides | Suspects | Victims |

A DC Superior Court judge said she wanted to know more about a murder case, but ran short on time forcing her to push back her ruling until July. 

Gary Massey is charged with second-degree murder for allegedly firing shots at a Ford Expedition, killing the driver, 29-year-old Gregory Mayo, on the 600 block of Alabama Avenue, SE on March 29. After being arrested, Massey told the police that the victim had physically abused his sister. 

Massey’s defense attorney Ronald Resetarits said he had no doubt that Massey was indeed the person involved in the incident. However, he said his client should not have been charged with second-degree murder. 

Resetarits said Massey only intended to intimidate Mayo rather than kill him.  Resetarits said that if Massey wanted to kill Mayo, he would have done so in a more direct way. 

The lawyer said the victim’s abusive behavior towards Massey’s sister constitutes provocation and that the attack was caused by “a fit of rage”. My client acted in self defense because Mayo yelled,  “I will kill you” shortly before the shooting, Resetarits said.

The prosecution objected to all arguments, saying Massey fired 13 shots. He very much wanted to at least hit the victim, the prosecutor said. 

She said Massey’s actions could not have been the result of a sudden emotional upheaval because there was a substantial period of time between Massey’s acknowledgement of his sister’s abuse and the actual attack.

Surveillance footage of the crime scene, at the time of the murder, did not show any altercation between Massey and Mayo. 

Judge Anita Josey-Herring said she was inclined to side with the prosecution, however she wanted to hear more from the defense. 

The hearing is set to continue on July 2 when Judge Posey-Herring will decide if there is enough evidence to show whether or not Massey intended to commit the murder.