Motion for Acquittal Denied in Homicide Trial

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DC Superior Court Judge Michael O’Keefe denied a homicide defendant’s motion for judgment of acquittal during a hearing on Aug. 6.

Bernard Matthews, 44, is charged with first-degree, premeditated murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, and carrying a pistol without a license for his alleged involvement in the shooting of 22-year-old Diamonte Green. The incident occurred on Feb. 16, 2021, on the 300 block of 33rd Street, SE.

Following the prosecution’s case, Marnitta King, Matthews’ attorney, filed an oral motion for a judgment of acquittal claiming that it failed to meet its burden to prove Matthews was involved in the incident.

The prosecution countered, stating that a reasonable jury could find him guilty of all charges based on the evidence and witness testimony they’ve presented.

Judge O’Keefe agreed with the prosecution and denied the motion, stating that the jury could see that Matthews was caught by surveillance footage in the moments before and after the shooting, and traveling to and from the scene of the crime.

Judge O’Keefe then asked Matthews if he planned to testify, and he asserted his right to take the stand, although it is unclear when.

King called forth an officer from the Metropolitan Police Department (MPD) who testified she was off-duty in the vicinity of the incident when cruisers began to arrive at the scene.

According to the officer, as she was in her personal vehicle preparing to leave the area, she witnessed an individual exit from a walkway behind the building where Green’s body was located and get into a white Cadillac Escalade, before leaving the scene.

In body-worn camera footage shown to the court, the witness can be heard telling officers she watched the individual “walking fast and holding it,” relating to his waistband.

King questioned if, based on her training as an officer, she took that as a sign of his concealing a weapon. The witness agreed.

However, the witness testified, she never saw the Escalade again and does not know if anything ever came of her observation.

Parties are slated to reconvene Aug. 7.