Judge Waits to Set Trial Date for Murder Case

By D.C. Witness Staff - March 18, 2021
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

A DC Superior Court judge recommended waiting to set a trial date in a homicide case.

Elhadji Ndiaye, 21, is charged with first-degree murder while armed in the shooting death of 21-year-old Travis Deyvon Ruth on the 2700 block of Jasper Street, SE on Jan. 18, 2019. 

Ndiaye’s newly appointed defense attorney, Nikki Lotze, said she felt unprepared for the trial due to the prosecution’s lack of response to her motion to compel evidence, which she filed last December. 

Lotze had requested unredacted grand jury testimony and various police statements and videos.

The prosecution said they are hesitant to turn over the evidence due to the defendant’s alleged history of witness tampering. The prosecution alleges that, while the defendant is being held in jail, he threatened a witness and reached out to a third party asking them to kill a witness for him.

The prosecution also said they would be willing to turn over the evidence to the trial judge rather than directly to the defense, allowing the judge to determine if the defense counsel should have access to the material.

Judge Juliet McKenna said that, although there was an inherent risk to the witnesses in this case, turning over evidence to defense counsel does not appear to increase this risk because the witnesses are known to the defendant. 

“Furthermore, the defense needs to be in a position to evaluate the credibility of the witnesses and prepare before a trial,” she said.

Judge Mckenna said she did agree with the prosecution regarding turning evidence over to the trial judge. She did not order the evidence to be turned over to the defense in today’s hearing, instead leaving it to the trial judge to rule on this matter once the evidence has been reviewed.

Another trial readiness hearing is scheduled for Aug. 9.

Alaina Provenza wrote this article.