New Judge Appointed to Preside Over Third Trial of Murder Defendant

By Jeff Levine - January 3, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

A new judge has been appointed for theVictor Coley murder trial, a case that is now more than a decade old.  DC Superior Court Judge Jennifer Di Toro took over for DC Superior Court Judge Michael Ryan who presided over Coley’s two previous trials. 

According to court documents, the change was made during a Dec. 29 hearing in what was described as a “caseload transfer.”

That followed a hearing on Dec. 21, during which Judge Ryan questioned how the prosecution intended to proceed in its third trial against Coley.

The prosecutor said she had just gotten the case and, “I literally have one piece of paper.”  While she said she’d virtually seen, “nothing, nothing, nothing” she added the case was “very triable”

In response to Judge Ryan’s asking if there will be a new legal framework offered, she responded that the US Attorney’s office doesn’t try cases because it wants to but because “It’s the right thing to do.”

Coley, now 61, was originally found guilty in 2015 of a Nov. 6, 2013 mass shooting that injured four on the 3900 block of Minnesota Avenue, NE.  For his involvement in the crime, Coley was accused of assault with intent to kill, and possession of a firearm, along with eleven other counts.

The case took another turn in 2021 when 65-year-old Dennis Foster, one of Coley’s victims, died from gunshot wounds sustained in the original incident.  That led the prosecutor to file a murder charge against Coley.  

After two weeks of testimony from 27 witnesses, the second trial ended on June 23 after the jury couldn’t reach a verdict.  

As Judge Ryan attempted to set up a new trial calendar, the prosecutor alerted him that any proposed dates were conditional based on how extensively she would have to prepare for the case.

“The government has been sitting on the case for ten years,” said Judge Ryan.

“I wish I had taken a picture of the boxes” of information about Coley’s case history, the prosecutor said.

Coley monitored the hearing remotely.  Judge Ryan signed an order releasing him from the DC Jail on July 19.  

The next hearing will be before Judge Di Toro on Feb. 23, 2024. A trial readiness proceeding is set for Aug. 28, 2024.  The trial itself will commence on Oct. 1, 2024.

That should give the prosecution enough time, said Judge Ryan last month, since the period encompassed the shortest to the longest days of the year–” Solstice to solstice,” he said.