A jury in DC Superior Court Judge Michael Ryan’s courtroom returned a mixed verdict for a homicide defendant on May 26.
D’Andre Montgomery, 20, was initially charged with conspiracy, premeditated first-degree murder while armed, felony murder while armed, assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, attempt to commit robbery while armed, unauthorized use of a vehicle during a crime of violence, and carrying a pistol without a license for his involvement in the fatal shooting of 28-year-old Kenneth Barksdale on Dec. 16, 2023 on the 1200 block of 44th Place, SE. Barksdale sustained two gunshot wounds to his torso and arm.
Eric Sheffield, 21, and Kevin Hider, 20, are also charged for their alleged involvement in Barksdale’s death but will face separate trials.
After less than three days of deliberations, the jury found Montgomery not guilty of felony murder, first-degree murder while armed, attempt to commit robbery while armed, three counts of possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business.
The jury found Montgomery guilty of conspiracy, the lesser-included offense of second-degree murder while armed, and unauthorized use of a vehicle during a crime of violence.
Judge Ryan previously granted the defense’s motion for judgement of acquittal, meaning that the prosecution did not present sufficient evidence for a jury to convict Montgomery, for assault with intent to kill and the associated possession of a firearm during a crime of violence charge.
Throughout the trial that started on April 27, the prosecution attempted to prove that Montgomery, Hider, and Sheffield conspired to steal multiple cars in the days leading up to the murder. The defendants were “greedy for more” as they attempted to steal Barksdale’s vehicle, when he confronted them, and they started shooting, argued prosecutors.
Montgomery’s attorneys, Sylvia Smith and Charlotte Gilliland, argued Montgomery did not have a gun and never intended to harm anyone. The defense contended that Barksdale charged at Montgomery and the group reacted to protect him.
Montgomery’s sentencing is scheduled for Aug. 21.
