Mass Shooting Defendants Likely to Reject Wired Plea Offer

By Mark Lu [former] - December 14, 2021
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

The lawyer for one of two men charged in connection with a mass shooting said her client is likely to reject a wired plea offer that requires both defendants’ acceptance to go into effect.

Aaron Adgerson, 17, and Terrance Oxner, 21, are both charged with first-degree murder while armed in the shooting of 22-year-old Edward Wade on Jan. 25. Four other adult males, including Oxner, sustained non-life-threatening injuries during the drive-by shooting. Neither defendant has been indicted in this case.

Adgerson’s defense attorney, Michael Madden, said during a Dec. 13 hearing that a wired plea offer was on the table but no official decision had been made by his client, who he last talked to a week ago. The plea deal would require both defendants to plead guilty to lesser-indicted charges of second-degree murder while armed and conspiracy to murder.

If one refuses, neither can take the plea.

Oxner’s defense attorney, Madalyn Harvey, said her client would likely be rejecting the plea offer and requested a schedule for setting an indictment and trial date.

Harvey expressed frustrations with the prosecution about evidence disclosure.

“[Oxner] has been incarcerated without an indictment for six months. Six months, discovery was to be provided,” she said. “I requested at every hearing to be provided with full discovery. I think there’s discovery outstanding, I think I have less discovery than others. I’m glad to set a status date and come back but I don’t want another 30 days out and doing nothing over again.”

The prosecutor said there were outstanding pieces of evidence that are expected to be uploaded later today.

“I’m requesting the discovery that would normally be provided at the time of indictment, which may not include grand jury and witness statements,” Harvey responded. 

DC Superior Court Judge Marisa Demeo encouraged parties to resolve evidentiary issues informally but told Harvey if the government failed to share evidence she should file a motion to compel the prosecution’s cooperation, and a court intervention would be in order.

The next hearing is set for Jan. 27.

Adgerson is also charged with escape for allegedly attempting to leave the Psychiatric Institute of Washington in Northwest DC, following his arrest.

Editors Note: D.C. Witness defines a mass shooting as four or more victims shot.