Motions Continue in Mass Shooting Case, Co-Defendant Shows Note to Gallery

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Pretrial motions arguments continued in a six-codefendant trial before DC Superior Court Judge Neal Kravitz on March 12.

William Johnson-Lee, 22, Erwin Dubose, 30, Kamar Queen, 27, and Damonta Thompson, 28, are charged with conspiracy, two counts of premeditated first-degree murder while armed with aggravating circumstances, two counts of assault with intent to kill while armed, and three counts of assault with significant bodily injury while armed, for their involvement in the mass shooting that claimed the lives of 31-year-old Donnetta Dyson, 24-year-old Keenan Baxter, and 37-year-old Johnny Joyner.

Dubose, Queen, and Johnson-Lee each have nine additional counts of possession of a firearm during a crime of violence. Queen and Thompson each have one additional count of first-degree murder while armed with aggravating circumstances, and Johnson-Lee has two more counts of the same charge. Dubose, Queen, and Thompson also each have an additional charge of one more counts of assault with intent to kill while armed.

Dubose and Queen are each charged with unlawful possession of a firearm with a prior conviction, as well. Dubose has additional charges of premeditated first-degree murder while armed and tampering with physical evidence. Finally, Queen and Johnson-Lee each have an additional charge of carrying a pistol without a license outside a home or business.

The incident occurred on the 600 block of Longfellow Street, NW on Sept. 4, 2021, and left three others suffering from injuries

Toyia Johnson, 52, and Mussay Rezene, 32, are charged with accessory after the fact while armed and tampering with physical evidence for their alleged involvement in assisting the other defendants in getting rid of the evidence and avoiding getting caught in connection with the case.

Queen was seen writing down the word “Innocent” on a legal pad and showing it to the gallery in trial when parties were discussing the animosity between the Kennedy Street (KDY) and Tough Real Understanding (TRU) crews–what authorities say are loose confederations of criminal gangs. Such communications are strictly prohibited.

Kevin Robertson, Rezene’s defense attorney, motioned to exclude “inflammatory” evidence including instagram photos that could imply gang-activity, certain autopsy photos, and videos of the chaos following the shooting.

Since the prosecution is still working on their finalized exhibit list, Judge Kravitz ordered the attorneys to object to certain exhibits of photo evidence as they are introduced, rather than rule from the bench.

Robertson argued that the body-worn-camera footage from responding officers is too traumatic to show the jury, claiming that “the trauma of it all is not relevant.” The video allegedly shows “suffering, anguish, and people trying to help the victims.”

The prosecution responded by stating that the footage is useful and necessary for identifying the location of the victims and firearms directly after the shooting. The footage also shows who was present at the scene, which helps to determine whether the attack was targeted toward members of KDY.

Judge Kravitz ruled that the footage is important to the prosecution’s case.

Michael Bruckheim, Dubose’s attorney, filed a motion to exclude Dubose’s nickname “Glock” from the evidence, claiming that it is not a valid form of identification for Dubose, and “the jury would draw improper inference.” Bruckheim stated that he did not want the nickname introduced at all because “nicknames based on firearms should not come in as evidence.”

The prosecution rebutted they must prove who “Glock” is a part of their case due to several text messages between defendants that refer to Dubose by his nickname.

Judge Kravitz proposed that all defense teams stipulate to change the name to “Dubose’s nickname” on all documents. The matter is pending.

Defense attorneys for Thompson, Johnson-Lee, and Queen all alerted the judge of their intent to file renewed severance motions before the start of the trial, but Judge Kravitz stated that their motions will be renewed only under changed circumstances. He stated that he “is not inclined to change the previous judge’s ruling,” on the motions.

Judge Kravitz also ruled that in their opening statements, the prosecution is able to mention the zone of harm, which refers to the area where a person is in physical danger due to the negligent conduct of another and are threatened with bodily injury. The prosecution is also permitted to mention the theory of liability, which refers to the legal basis or principle under which a defendant can be held responsible for harm caused to another person.

The motions are ongoing and will resume March 13.