Motion Hearing Continues in 54 Defendant Case For Jury Selection Issues

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DC Superior Court Judge Marisa Demeo presided over a motion hearing that involved 54 defendants concerning violations of their rights during jury selection.

Defense attorneys Jason Tulley and Imeime Umana are representing a compiled case of 54 defendants, claiming that each of the defendants had their fifth and sixth amendment rights violated due to the Fair Cross Section Clause. This clause ensures juries will fairly represent the populations in D.C.

Each case involved in the motion hearing selected their juries during the COVID-19 pandemic, leading defense counsel to question the representativeness of their jury pools.

Additionally, most are felony level homicides or sexual abuse cases, dating from 2018 to 2022. One case was a non-fatal shooting. Each of these cases are at different stages in the criminal justice system.

According to court documents, these cases did not have a fair representation of the black population in D.C., violating the defendants’ rights. Defense counsel said this is believed to be caused by the COVID-19 pandemic disproportionately affecting the black population negatively, leading to more disqualifications and excuses for black jurors.

The motion filed by the defense is requesting all jury selection materials to ensure the fair selection of the jury was not violated, specifically due to any changes that could have been made as a result of the COVID-19 pandemic.

Of the 54 defendant cases, 24 of them were homicides, and only one case was a non-fatal shooting.

Since the hearing was centered around a litigation issue, all defendants’ appearances were waived.

Cases included:

c,19, is charged with carrying a pistol without a license outside the home or business, destruction of property, possession of an unregistered firearm, and unlawful discharge of a firearm on May 3, 2022, on the 1300 block of Morris Road, SE

Despite Henderson’s case being a non-fatal shooting he was put on release.

Kaevon Sutton,22, is charged with first-degree murder, possession of a firearm during a crime of violence, and carrying a pistol without a license regarding the alleged shooting of Aujee Tyler, 22, on March 19, 2018, on the 3500 block of Station Road, SE.

Isaac Moye, 54, is charged with second-degree murder for allegedly killing 24-year-old Unique Harris. Harris appeared to be missing when she was not found in her home on the 2400 block of Hartford Street, SE. Harris has been missing since Oct. 9, 2010, and was presumed dead in 2018, although her body has still not been found.

Sutton and Moye were both held in prison the longest. Sutton, since his recent trial on November 29, 2022, has been released and must report to a pretrial service as part of his release conditions.

Moye, including the following 11 defendants charged with a homicide or non-fatal shooting, have not been convicted for their crimes and remain in custody at the D.C. Jail.

Carson Posey, 23, is charged with first-degree murder while armed for allegedly killing 28-year-old Shantal Hill on April 15, 2020, on the 1200 block of North Capitol Street, NW.

Tony McClam, 25, is charged with first-degree murder while armed against a minor, three counts of possession of a firearm during a violent crime, two counts of assault with intent to kill, and carrying a pistol without a license outside a home or business. McClam, allegedly killed 11-year-old Karon Brown on July 18, 2019, on the 2800 block of Alabama Avenue, SE.

Ch’Juan Robinson, 25, is charged with first-degree murder while armed, possession of a firearm during a violent crime, and two counts of unlawful possession of a firearm for allegedly killing 32-year-old Louis Kingsbury on the 200 block of New York Avenue, NW on April 29, 2020.

Nathaniel Bates, 38, is charged with first-degree murder while armed, felony murder while armed, robbery while armed, unlawful possession of a firearm after being convicted of a prior crime of violence, and three counts of possession of a firearm during a crime of violence. All charges were offenses committed during release for allegedly killing Eddie Crist, 28, on the 4000 block of South Capitol Terrace, SW on May 8, 2020.

Alphonso Walker, 45, is charged with two counts of first-degree murder regarding the death of Dalonte Wilson, 23, and Antone Brown, 44, on April 25, 2018, near the 400 block of 61 Street, NE.

Thomas Field Jr, 39, is charged with three counts of assault with a dangerous weapon, three counts of unlawful possession of a firearm, four counts of possession of a firearm during a crime of violence, kidnapping while armed, three counts of tampering with physical evidence, and first-degree murder while armed for the alleged stabbing of Marquita Lucas, 24, on Aug. 17, 2019 in the 3700 block of Horner Place, SE.

Kenneth Stewart, 61, is charged with first-degree murder while armed and assault with a dangerous weapon for allegedly shooting Courtney Jones, 54, on July 23, 2020, on the 2300 block of Pennsylvania Avenue, SE.

Stephon Darnell Williams, 32, is charged with voluntary manslaughter in the shooting of his 49-year-old father, Stephen Magruder, on Sept. 11, 2020, on the 700 block of 51 Street, NE. Before the shooting, the two reportedly got into an argument over $5 and a physical altercation took place, D.C. Witness previously reported.

The prosecution and Office of Attorney General will have 30 days to respond to this motion. The next hearing is scheduled for May 11.

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