Murder Defendant Rejects Plea Deal

During a preliminary hearing on Dec. 21, a murder defendant rejected a plea deal. 

Diantre S Smith, 43, is charged with first-degree murder while armed for allegedly shooting Nyesha Lenea Galloway, 28, on Dec. 20, 2019, on the 400 block of 42nd Street., NE. 

DC Superior Court Judge Juliet J. McKenna asked counsel whether a plea was being negotiated or had been offered. Smith’s defense attorney, Madalyn R Harvey, said that a plea deal had been offered. 

The plea offer was that if Smith pleaded guilty to second-degree murder while armed and unlawful possession of a firearm, the prosecution would not pursue first-degree murder or other related charges. 

Smith rejected the plea deal. 

The parties also discussed unaccessible evidence.

Harvey said the defense had not been given access to body worn cameras from the Metropolitan Police Department (MPD). 

The prosecution said he did not want to impede the MPD investigation, and that he also did not have access to it. The prosecutor said he would try to get access to the video footage. He said that, if he got access, he share it with the defense.

The prosecution also told counsel that as the plea offer was a preliminary one, it would be the most generous one Smith would be offered. 

A witness testified about evidence located at the crime scene and in the state Galloway was found in. 

The hearing was cut short before the defense had time to cross-examine the witness due to scheduling and time-constraints.

Judge McKenna told the defense that the hearing would reconvene to allow the defense to complete their cross-examination. 

Smith is scheduled for continued preliminary hearing on Feb. 26. 

This article was written by Lea Gianasso.