Tony McClam, 35, turned down a voluntary manslaughter plea before DC Superior Court Judge Jason Park on Sept. 19 in a complex case ongoing since 2019.
McClam is charged with second-degree murder while armed against a minor, two counts of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, and carrying a pistol without a license for his alleged involvement in the July 18, 2019 fatal shooting of 11-year-old Karon Brown. The incident occurred on the 2700 block of Naylor Road, SE.
McClam was acquitted of first-degree murder while armed on Jan. 12, 2022, and the jury was unable to reach a unanimous verdict on all other charges.
In the current hearing, the prosecution told defense attorneys Martin Rosendorf and Kevin Mosley their plea offer expired after the hearing. If McClam pleaded guilty, the prosecution would have dropped the remaining charges.
When asked if he would accept the plea, McClam answered no.
Meanwhile, Judge Park refused to rule on a defense effort to nullify the intent to kill and possession of a firearm during a crime of violence counts. Judge Park also denied the defense’s motion to invoke judicial estoppel, a legal doctrine preventing a party from taking a stance that contradicts a position they took in a previous legal proceeding.
According to court documents, the prosecution admitted it previously said it “certainly can’t” prove the location the murder weapon was fired but argued it never said it could not prove the location beyond a reasonable doubt. Rather, it could not substantiate it with “any significant certainty.”
Further, the prosecution maintained the distinction between these arguments is not substantial enough to say the positions are inconsistent and for the court to invoke a judicial estoppel.
During the hearing, the prosecution argued the defense was exploiting an expert witness’ report and it is “irrelevant” to the case. However, according to Rosendorf, the report states that one cannot conclude the bullet found at the scene was fired from the recovered gun.
Judge Park didn’t find the prosecution’s position inconsistent with the stance they provided before a different judge and called Rosendorf’s position “vague” and “ambiguous.”
However, he admitted the records were “a little muddled” and agreed DC Superior Court Judge Judge O’Keefe did not clearly articulate reason behind his finding at the time about the “unknowability” of where the shots were fired
Meanwhile, Judge Park also denied the defense’s motion for acquittal based on anticipated new evidence in the new trial.
McClam’s lawyers filed an action with the DC Court of Appeals claiming a new trial would amount to putting their client in double jeopardy. The high court rejected that petition last September. In 2022, McClam was a leading case in an action filed by Public Defender Service complaining that DC Juries during the Covid pandemic didn’t fairly represent the city’s diverse community. There has not been a formal ruling in the case.
As currently scheduled, McClam’s new trial has been pushed back until Dec. 1, 2026–nearly seven years after the original incident.
