DC Superior Court Judge Neal Kravitz ruled on June 26 not to allow prosecutors’ late-filed evidence in a homicide trial.
Gerald Brevard, 34, is charged with first-degree murder premeditated while armed, two counts of assault with intent to kill in a bias-related crime, aggravated assault knowingly in a bias-related crime, five counts of possession of a firearm during a crime of violence, three counts of unlawful possession of a firearm with a prior conviction, three counts of carrying a pistol without a license outside a home or business, mayhem in a bias-related crime, and destruction of property worth less than $1,000.
The charges stem from his alleged involvement in three incidents, including the fatal shooting and stabbing of 54-year-old Morgan Holmes on March 9, 2022, on the 400 block of New York Avenue, NE. Brevard is also accused of a drive-by shooting on March 3, 2022, on the 1100 block of New York Avenue, NE, that left one person injured, and a shooting on March 8, 2022, on the 1700 block of H Street, NE, that left another person injured.
In court, parties discussed that the prosecution missed the May 15 deadline to file a notice to include evidence from a crime that occurred in New York.
According to the Metropolitan Police Department (MPD), all of the victims were unhoused individuals in the three shootings for which Brevard is charged. MPD released video footage to seek information on the perpetrator on March 9, 2022.
The New York Police Department (NYPD) reported two shootings in New York of unhoused individuals on March 12, 2022. Upon investigation, NYPD officers discovered similarities between the shell casings in the New York and DC shootings, implying that the same firearm could have been used.
In a motion filed on June 18, Steven Kiersh, Brevard’s attorney, asked Judge Kravitz to delay the trial scheduled for Sept. 14 or prohibit the prosecution from presenting evidence of the New York shootings at trial. Kiersh argued in the motion that the defense would need to conduct an extensive investigation of the New York shootings before trial.
In court, the prosecutor argued that they would forgo the New York crime evidence unless Kiersh planned to suggest a third party committed the crimes Brevard is accused of committing. She also highlighted concerns about having to refute other suspects, citing cell-site location data and surveillance video that allegedly place Brevard in New York at the time of each offense.
Kiersh said that his client’s matter was an “identification case,” and he anticipated that tips from DC and forensic expert testimony would play major roles in the defense’s case at the jury trial.
The judge reminded the prosecutors that they were a month and a half late for the notice, denying the New York evidence at this stage. He further asked whether anyone was charged in New York in connection with the case, to which Kiersh responded, “Not as far as I know.”
Both parties were assured that they could revisit the matter during the upcoming trial if the issue arises.
Parties are set to reconvene on July 31.
