Murder Defendant is No Killer, Defense Says

By D.C. Witness Staff - February 5, 2020
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A defense attorney told the jury Feb. 4 that her client did not kill the victim.

Marquette Tibbs is charged with first-degree murder while armed, unlawful possession of a firearm with a prior conviction, and possession of a firearm during a crime of violence. Cinquan Cartledge, whose case was severed, is also charged in the homicide with first-degree murder while armed, conspiracy to commit a crime of violence, robbery while armed, possession of a firearm during a crime of violence, first-degree murder while armed while committing or attempting to commit a robbery and unlawful possession of a firearm with a prior conviction. The men were allegedly involvement in the shooting of Orlando Silver III, 37, on the 1300 block of Howard Road, SE, in 2016.

“He is a lot of things,” defense attorney Jessica Willis told the jury. “A killer is not one of them.” 

According to court documents, Tibbs and Cartledge were wearing GPS ankle monitors that placed them near the scene of Silver’s murder. Two witnesses identified Tibbs as the shooter shortly after witnessing the incident.

Willis said Tibbs charged his GPS ankle bracelet a couple of hours prior to the incident and a few minutes after the incident occurred.

As part of her defense argument, Willis said charging the monitor is not consistent with someone who would be planning a murder. In fact, if he was, the lawyer said he would have let the monitor die to avoid tracking his location.

The defense says that Tibbs was there for a gun exchange. Apparently, he attempted to trade his Smith and Wesson gun with an associate of Silver’s who had a beretta. After Tibbs decided he did not want to go through with the trade, the situation escalated. An altercation occurred between Tibbs and Silver’s associate.

Tibbs says the gun went off during the altercation, striking Silver.

The prosecution told a different story. 

During the prosecutor’s closing statements, the prosecutor tried to convince the jury that Silver was set up by Tibbs. The prosecutor told the jury about a text message about the deal that Tibbs sent to Silver on the morning of the homicide.

“Sweet move, get up,” Tibbs texted Silver, saying that it was a good deal.

According to the prosecution’s theory, Silver didn’t believe he was being taken seriously enough and tried to leave. As he was leaving, Tibbs allegedly shot him.

The prosecution tried to convince the jury that Tibbs was not there for a gun exchange. The prosecution said he was there for a drug deal.

“This wasn’t an accident or self-defense. This was a message,” the prosecutor said.

Arguments lasted for nine days with the jury hearing from 34 witnesses.

The jury began deliberating on Feb. 4.