Judge Denies Shooting Defendant’s Request to Serve Terms Concurrently in DC, Baltimore

DC Superior Court Judge Andrea Hertzfeld denied a request for a defendant to serve his DC sentence concurrently to an ongoing term in a different jurisdiction on Oct. 22.

Tony Horne, 43, is charged with conspiracy, 20 counts of possession of a firearm during a crime of violence, seven counts of assault with a dangerous weapon, five counts of kidnapping while armed, five counts of robbery while armed, second-degree burglary while armed, assault on a police officer while armed, unlawful possession of a firearm with a prior conviction, carrying a pistol without a license, unlawful possession of ammunition, possession of unregistered firearm, possession of a controlled substance while armed, and first-degree theft.

The charges stem from his involvement in a non-fatal shooting on Feb. 12 on the 500 block of H Street, NE. No injuries were reported.

According to court documents, three suspects kidnapped a victim to rob his previous place of employment. Video footage shows the what appear to be the same three suspects entering a dispensary and robbing the store. The suspects pull out firearms and zip-ties an employee before filling a black trash bag with money from the register.

After fleeing, the trio engaged in a car chase with the Metropolitan Police Department (MPD) where one of them fired a gun without injuring anyone, but ultimately they were stopped and arrested.

One of the suspects was later identified as Horne.

In the hearing, Horne’s Community Service Officer (CSO) informed the court of Horne’s charges in Maryland. Maryland court documents reveal that Horne was found guilty of illegal sale of firearms, possession of firearm while convicted felon, and illegal possession of firearm. He was sentenced to five years on Oct. 15.

Joseph Yarbough, Horne’s attorney, requested the sentencing in the Baltimore case run concurrently to the DC sentence.

Judge Hertzfeld revoked Horne’s probation and ruled against the defense’s request. She explained that Horne was on probation when he was arrested in Baltimore and knew his release conditions included not getting into any trouble.

No further dates were set.

Non-Fatal Shooting Defendant Sentenced to Seven Months

A shooting defendant was sentenced to seven months with credit for time served before DC Superior Court Judge Jennifer Di Toro on Oct. 23.

On Aug. 23, Kevin Seabron, 39, pleaded guilty to unlawful discharge of a firearm and attempted possession of a prohibited weapon for his involvement in a non-fatal shooting that occurred in an apartment on the 2300 block of Marion Barry Avenue, SE on April 18, 2023.

According to court documents, Seabron possessed and discharged a firearm inside of the apartment after an argument with his cousin about a phone charger. No injuries were reported.

At the hearing, the defense and the prosecution asked for a seven month sentence and one year of supervised probation. The prosecution also requested a stay-away order be imposed between Seabron and the victim.

Before Judge Di Toro handed down the sentence, Seaborn addressed the court. He said he is seeing a therapist and taking medication in order to better control his emotions. Seabron said the situation “could have been a whole lot worse and it scared me.”

Seabron also said to the court that he had a rough childhood but does not feel that he has to hold on to “the things that I went through” anymore.

Judge Di Toro said she commends Seabron for his insight. She sentenced him to seven months with credit for time served for his unlawful discharge of a firearm charge and thirty days for his attempted possession of a prohibited weapon charge. The two sentences are going to run concurrently.

Taking into account the time Seabron has already served, the defense estimated that he has about 25 days left of incarceration.

With this sentence, Seabron will also be required to complete one year of probation and stay-away from the victim in this case. He must also pay $150 to the Victims of Violent Crimes Fund and register as a gun offender.

“You’ve done important work,” Judge Di Toro said after sentencing Seabron.

No further dates were set.

Juvenile Murder Suspect Admits to Changing Story to Get a Better Deal

In a withering cross-examination defense attorney Charlotte Gilliland got a 15-year-old witness, who is also a murder defendant, to admit that her version of the crime was motivated by a desire to avoid punishment at the expense of her codefendants.

“The story that you told has changed,” Gilliland said accusingly to the witness before DC Superior Court Judge Kendra Briggs in an Oct. 22 hearing.

The teen is one of five co-defendants, girls aged 12-to-15 at the time of the crime, charged with first-degree murder and assault with a dangerous weapon for their alleged involvement in the fatal beating of 64-year-old Reggie Brown.

The incident occurred late at night on Oct. 17, 2023, on the 6200 block of Georgia Avenue, NW.

Throughout the three month trial the prosecution has introduced an arsenal of evidence including three huge binders summarizing social media posts among the defendants as well as presenting police video interviews with two of the suspects.

However, the most devastating piece of evidence is a 55 second cell phone video taken by one of the defendants in which the group is allegedly seen kicking and stomping Brown who is supine and defenseless while celebrating the assault in a dark alley.

Among the posts introduced earlier is an exchange among the group allegedly acknowledging they killed Brown and discussed destroying the incriminating video.

Prior to her testimony, the 15-year-old had reached a plea agreement with the prosecution, and that was the focus of Gililland’s attack against her credibility. The teen had previously identified the other alleged participants in what the prosecution described as a conspiracy to commit murder.

Gililland’s started by painting a dark picture of the Youth Services Center (YSC) where juveniles are detained. She characterized the facility as threatening, a place where you have to watch your back and where the witness might be incarcerated for a long time.

One night at the YSC changed the witness’ mind, suggested Gilliland.

“You were willing to do whatever it takes to prevent that from happening again,” said Gilliland.

The witness agreed.

“A deal you were hoping would get you home,” said Gilliland with the witness assenting.

Referring to the plea agreement, Gilliland continued, “You didn’t write down any of the names [of the defendants] on the piece of paper.” The witness agreed again.

Alerting the witness to the possibility that she could be facing perjury charges for lying on the stand, Gilliland pointed out a glaring discrepancy in the witness’ previous testimony regarding her 14-year-old client.

Initially, she was unable to identify the 14-year-old when a detective from the Metropolitan Police Department (MPD) presented her with a picture but after experiencing the YSC, the witness claimed to recollect the suspect. The witness also said she instigated the assault but named another defendant as the leader in a police interview.

Gilliland bore in on the questionable identification of her client.

“This was the person you supposed to say was in the alley,” said Gilliland. The witness softly agreed.

In her redirect, the prosecutor said, “There are no conditions in the agreement that relate to your testifying.” The witness said no. The prosecutor also produced a picture of two codefendants that the witness was able to identify after the initial interrogation.

The deal as briefly described was that the 15-year-old would plead guilty to assault with a dangerous weapon in return for dismissing other charges and that she would remain in juvenile custody until age 19. Throughout the case the defendant claimed she was less involved in the actual attack and remorseful for the killing.

The trial is scheduled to continue on Oct. 29.

Prosecution Calls MPD Officers and Phone Analyst in Shooting Trial

The prosecution called several witnesses in a non-fatal shooting trial before DC Superior Court Judge Judith Pipe on Oct. 22.

Cornellius Ruffin, 40, is charged with assault with significant bodily injury while armed, assault with a dangerous weapon, and two counts of possession of a firearm during a crime of violence, among other charges, for his alleged involvement in a non-fatal shooting that left one victim injured on April 12, 2021, on the 200 block of Bates Street, NW.

Ruffin is also being charged in a separate case for unlawful use of a vehicle.

During the hearing, the prosecution called several officers from the Metropolitan Police Department (MPD) as witnesses.

Two of them testified they were present during Ruffin’s arrest. One officer testified that a ghost gun was recovered from an alleged accomplice, which is a gun with no serial number on it which leaves it untraceable.

Prosecutors also called an a cell phone tower tracking analyst who compiled a call detailed record based on radio frequency waves for a phone number associated with Ruffin. It was identified as biding near the crime scene.

Trial will resume Oct. 23.

Judge Won’t End Home Confinement For Shooting Suspect

DC Superior Court Judge Maribeth Raffinan rejected a shooting defendant’s request to cancel home confinement on Oct. 23, but modified a release order allowing him to go to work, find alternative housing, and take his children to medical appointments.

Vann Allen, 35, is charged with assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, unlawful possession of a firearm, aggravated assault knowingly while armed, and assault with a dangerous weapon for his alleged involvement in a non-fatal shooting on Nov. 11, 2023.

According to police reports, one victim was wounded on the 1400 block of New York Avenue, NE.

During the hearing, Allen’s attorney, Sellano Simmons, argued Allen’s release conditions should be modified from home confinement to only GPS tracking, as the defendant is not a flight risk.

According to Simmons, this would allow Allen to be more involved in his children’s lives, get more flexible work hours at his new restaurant management job, and find alternative housing.

The prosecution argued against modifying Allen’s release conditions, asserting that “the status quo is sufficient” and that the defendant remains a danger to the community.

A representative from the Pretrial Services Agency (PSA) reported to Judge Raffinan that the defendant had been compliant with his six-month home confinement and there have been no issues.

Judge Raffinan modified the order to account for the defense’s request to allow Allen to work and help with his children, but will remain in home confinement. The judge would like to see Allen’s work become more permanently. If Allen remains compliant, Judge Raffinan said, she will reconsider the confinement order at the next hearing.

The parties are set to reconvene on Nov. 20.

Judge Doesn’t Find Probable Cause in Murder, Case Dismissed

DC Superior Court Judge Maribeth Raffinan ruled the prosecution failed to provide sufficient evidence to rule on probable cause, and dismissed the charges against a shooting defendant on Oct. 22.

James Rice, 26, was charged with first-degree murder while armed for his alleged involvement in the fatal shooting of Thomas Carlos Felder, 32. The incident took place on May 1 on the 1300 block of Pennsylvania Avenue, SE.

According to court documents, the shooting was captured on surveillance footage from surrounding buildings.

At a previous hearing, a detective testified that Rice was deemed a suspect after a witness identified him in surveillance footage based on his build and clothes the suspect was wearing.

During the hearing, the prosecution asked Judge Raffinan to find probable cause based on identification from eight witnesses, video evidence, and items seized from the crime scene.

The prosecutor stated the video depicts a Black man wearing a black hoodie shooting Felder, and running toward G Street, which is near where Rice lives. In the video, the suspect is seen wearing white shoes with colorful stripes on the sides.

Out of the eight witnesses, six witnesses say they saw the crime unfold. The six that were there all agree that the suspect was Black and was wearing a black hoodie at the time of the shooting. Furthermore, they all agree that the suspect was running toward G Street.

The seventh witness, according to the prosecutor, was not there at the time of the shooting, but knew of Rice and greeted him before the witness walked away from the scene.

Another witness, who helped the Metropolitan Police Department (MPD) identify Rice as the suspect, told MPD the “be on the lookout” (BOLO) they released showed Rice, and stated he knew him from the area, and saw him walking away from a McDonald’s on the day of the incident.

According to the prosecution, shoes that matched the descriptions provided by witnesses were recovered from Rice’s home during a search warrant. They argued the shoes should play a role in probable cause.

Rice’s defense attorney, Joseph Yarbough, asked Judge Raffinan to not find probable cause, arguing that all eight witnesses do not clearly identify Rice.

Yarbough argued that the witnesses failed to mention that the suspect has either neck or face tattoos, which he argued is extremely important, since Rice has them.

Yarbough contended that the witness who helped MPD identify Rice through the BOLO was unreliable, arguing he had a special interest in Rice’s arrest and the circumstances of his identification.

Additionally, Yarbough argued the witness had a financial interest in ensuring Rice gets arrested and convicted of murdering Felder as he was hoping to get a reward. According to Yarbough, the witness texted the lead detective’s phone requesting money for identifying Rice.

According to the prosecution, a search of Rice’s residence yielded a pair of shoes that looked consistent with the shoes the suspect was wearing in the video. Yarbough argued the shoes do not look alike, saying the shoes taken from Rice were a completely different color and size compared to the black and white shoes shown in the video.

Judge Raffinan found the evidence inconclusive and that there is no probable cause for Rice’s arrest and thus dismissed the case. However, she said the prosecution can file charges again if they obtain more evidence linking the crime to Rice.

There are no future dates set for the matter.

Murder Retrial May Hinge on Recanted Testimony of a Confession

Parties began closing arguments in connection to a 2015 homicide case being retried before DC Superior Court Judge Marisa Demeo on Oct. 22. The outcome could depend on the credibility of recanted testimony.

Eugene Burns, 32, is charged with first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence for his alleged involvement in the Nov. 14, 2015, fatal shooting of 24-year-old Onyekachi Emmanuel Osuchukwu III on the 2900 block of Second Street, SE.

Burns was convicted of these charges in 2017, but the DC Court of Appeals overturned the verdict in 2020 on a technicality.

Burns and Tyre Allen, 24, are also charged with conspiracy, obstructing justice by influencing or delaying a witness or officer, and obstruction of justice for their alleged attempts to persuade a witness—Allen’s brother who is also Burns’ cousin—to redact testimony of an alleged confession to the murder made by Burns to the witness.

During closing arguments, the prosecution stated that Burns planned the murder of Osuchukwu, his best friend, because he felt he wasn’t getting his fair share of the money from their joint drug business. They added that after his conviction in 2017, Burns conspired with Allen to coerce the primary witness, identified as Burns’ cousin and Allen’s brother, to change his testimony.

The prosecutor reviewed exhibits including text messages Burns sent, calls he placed while in prison, and Google searches including, “Are you capable of killing your best friend?”

According to the prosecution the answer was, “yes,” and that Burns did just that.

Defense attorney Rosemary Szanyi, representing Burns, said that the timeline of the prosecution’s argument doesn’t make any sense. Szanyi showed cell tower records that located Burns’ phone in the general area of a bus stop that was 20 minutes walking distance, eight minutes after the murder.

Szanyi also said that there was unidentified DNA evidence under the fingernails of Osuchukwu, and Burns was shown not to be a likely match.

“The physical evidence [the prosecution] collected points away from Burns,” said Szanyi.

She stated that none of these inconsistencies was investigated by the prosecution.

Burns’ attorney also reviewed the testimony of Burns’ cousin’s ex-girlfriend. Szanyi highlighted that the ex-girlfriend testified she overheard Burns’ cousin say “I’m going to get [Burns] locked up.”

The main argument for both the prosecution and the defense hinges on the testimony of their primary witness, the witness who recanted testimony of Burns’ confession. The prosecution argued that the witness had no reason or motive to lie about Burns confessing to the murder, while the defense argues that there are discrepancies throughout the witness’ actions.

The defense argued that the witness made up Burns’ confession for the reward money offered by the police department, and that the recantation was purely on his own.

“All Eugene wanted was for [the witness] to tell the truth,” said Szanyi. “Wanting someone to tell the truth isn’t an obstruction of justice.”

Due to time constraints, Allen’s attorney, Brandon Burrell, will deliver his closing arguments at the next hearing.

The parties are slated to reconvene Oct. 23.

DOCUMENt: MPD Searching for Suspects and Vehicles in Shooting

The Metropolitan Police Department (MPD) is requesting public assistance in locating two suspects involved in a shooting that took place on Oct. 19, 2024, in the 2500 block of Marion Barry Avenue, SE. There were no reported injuries from the incident, which began as a verbal altercation, escalated when both suspects brandished firearms, and resulted in both suspects fleeing the scene.

Document: MPD Investigating Sixth Street Southeast Homicide

The Metropolitan Police Department (MPD) is investigating the homicide of 22-year-old Asonta Dunmore, which took place on Oct. 23 in the 4200 block of 6th Street, SE. Upon responding to reports of a shooting, officers found the victim suffering from gunshot wounds and he was pronounced dead at the scene.

Judge Denies Shooting Defendant’s Request for Release

DC Superior Court Judge Anthony Epstein denied a defendant’s request for release on Oct. 22, arguing no conditions or evidence have changed.

Deandre Christian, 29, is charged with assault with intent to kill while armed and possession of a firearm during a crime of violence for his alleged involvement in a shooting that occurred on the 200 block of M Street, SW on Sept. 5, 2023.

According to the court documents, Christian and another man were in an apartment when three suspects Keyshawn Lavender, 23, Raymond Mathis, 36 and Deandre Sams, 28, allegedly broke in and shot the victim. Christian allegedly shot back at the three individuals as they ran from the apartment.

Defense attorney Brandi Harden argued that new DNA evidence of the blood in the apartment calls into question the timing of the shooting and that there is no proof that Christian shot at the intruders.

Harden also argued that Christian was shot twice and has no criminal record, which suggests self-defense. She also stated, therefore, he does not pose a danger to the community and should at least be released to home confinement.

Judge Epstein denied the motion, arguing Christian shot back at the robbers with the intent to harm them.

Parties are slated to reconvene on Dec. 12.

Surviving Victims Testify in Homicide, Mass Shooting Trial

Two victims testified on Oct. 22 about their persistent fear and anxiety following a mass shooting, before DC Superior Court Judge Robert Okun.

Juan Peterson, 33, is charged with first-degree murder while armed, three counts of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, two counts of accessory after the fact while armed, and second-degree cruelty to children.

The charges stem from his alleged involvement in the fatal shooting of 28-year-old Lester Howard on May 15, 2021, that left three others injured on the 3900 block of Minnesota Avenue, NE.

According to court documents, Peterson allegedly aided and abetted in a shooting as the getaway driver and provided the shooter with the firearm. The shooter remains unidentified and police are still searching for them.

During their opening, the prosecution argued that Peterson knew the “trigger man,” asserting that “Peterson followed the plan… he arrives, he provides, he drives” as the shooter was allegedly waiting for Peterson to arrive at the scene to commit the crime.

They stated that Peterson’s car “stop(ped) not at the light” but instead as close as possible to the shooter to obtain the weapon from the glovebox of the suspect vehicle. The prosecution claimed the passenger side door was left unlocked for the shooter to get in, and Peterson pulled away without any hesitation.

During his opening statements, Peterson’s attorney, Daniel Kovler, claimed Peterson knew the shooter and his violent reputation, thus the defendant feared if he did not participate, he would be killed.

According to Kovler, Peterson was doing “what any reasonable person would do” to live another day. Kovler insisted to jurors that Peterson is “innocent of every charge he is facing” regardless of his previous convictions of dealing marijuana and selling firearms.

One of the victims took the stand and described her experience in the shooting, stating she “fell to the ground… couldn’t get back up.” She described how she still endures pain and post-traumatic stress disorder (PTSD) symptoms from the incident.

Another victim, seen on security footage with her then one-year-old child, appeared reluctant to remove her face mask before testifying, she screamed adamantly that she “don’t remember nothing from that day.”

During cross-examination, Kovler asked the witness if she were anxious about her testimony’s being viewed as cooperating with law enforcement. The victim could not provide a direct answer.

The first police officer to respond also testified, stating they were stationed nearby to provide “high visibility” due to the high crime rate in the area.

The prosecution played body-worn camera footage which depicted the officer rushing to Howard before turning to provide first aid to another victim. The officer testified Howard had already passed when he arrived.

Another eyewitness testified that while driving the behind the suspect vehicle, it “seem(ed) to stop short of the traffic light”, and that the passenger side door of the car appeared to be unlocked as the shooter got in. The witness also confirmed making a 911 call where providing an Ohio license plate number to police.

The prosecution presented stipulated photos of the suspect vehicle when it was found and searched about ten days after the incident. The vehicle had a Delaware temporary tag displayed, but an Ohio license plate only one digit different from the plate provided in the 911 call that was found in the trunk.

Trial is set to continue on Oct. 23.

Judge Considers Stabbing Defendant’s Release Terms

DC Superior Court Judge Maribeth Raffinan delayed her final ruling on a motion to modify a stabbing defendant’s release conditions on Oct. 22, allowing the Pretrial Services Agency (PSA) to develop a release plan.

Herbert Young, 41, is charged with assault with intent to kill while armed of a senior citizen, aggravated assault knowingly while armed of a senior citizen, assault with a dangerous weapon of a senior citizen, and carrying a dangerous weapon outside a home or business, for his alleged involvement in a stabbing incident on the 2500 block of N Street, SE on February 4, 2023. One person sustained multiple stab wounds.

According to court documents, on the day of the incident, the suspect, later identified as Young, went to the victim’s apartment allegedly to stab him. The victim’s girlfriend witnessed the attack and she positively identified Young as the individual who stabbed the victim.

During the status hearing, Young’s defense counsel, Hannah Claudio, made a motion to alter Young’s release conditions, lifting the current curfew, which is set for 7:00 p. m. to 6:00 a. m.

Claudio emphasized that Young is fully compliant with release conditions, and is in the process of changing apartments, where he will be living by himself for the first time in recent years.

Furthermore, Claudio claimed if his release conditions are modified he would be able to rely on his sister, and the rest of his family, as he is transitioning to single living. Young’s sister’s home and the apartment where he is moving are not near the victim’s residence.

The prosecution commended Young on his compliance, but objected to the motion, citing how anxiety-inducing it would be for the victim and his girlfriend to bump into Young accidentally he doesn’t continue to have a curfew.

Judge Raffinan stated that she would not lift the curfew, however, she is willing to create a schedule for Young that would dictate what nights could be spent with his sister and what nights would be spent in his apartment.

Judge Raffinan asked a PSA agent to determine the policy regarding a defendant’x being able to go back and forth between two residences.

Parties are slated to convene on Nov. 5.

Defendant Accepts Plea Deal in Stabbing Case

A stabbing defendant accepted a plea deal before DC Superior Court Judge Judith Pipe on Oct. 21, agreeing to plead guilty on two of five charges.

Izat Petway, 33, was originally charged with robbery while armed, assault with intent to commit robbery while armed, assault with significant bodily injury while armed, GPS tampering, and second-degree theft, for his involvement in a stabbing and attempted bike theft on April 21, on the 1400 block of 9th Street, NW.

According to court documents, Petway saw the victim walking a bike on the sidewalk and struck the individual in the head with a knife. Petway took the bike and ran towards a nearby alley where he left the bicycle and continued to flee.

During the hearing Kevin O’Sullivan, Petway’s attorney, affirmed Petway would be accepting a plea offer which required Petway to plead guilty to assault with significant bodily injury while armed and attempted robbery in exchange for dismissal of all other charges and no argument against concurrent sentences during sentencing.

Parties agreed to reconvene for sentencing on Dec. 20.

Judge Grants Shooting Prelim Reopening

Attorneys representing a shooting defendant filed a successful motion to reopen a preliminary hearing on Oct. 22 before DC Superior Court Judge Robert Okun.

Demarco Hayes, 21, and Donte Bennett, 26, are charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and two counts of possession of a firearm during a crime of violence for their alleged involvement in a July 24 shooting on the 1800 block of Marion Berry Avenue, SE.

According to court documents, the driver of the suspect’s vehicle attempted to block the victim’s car while it was stopped at a stop sign. Two individuals, later identified as Bennett and Hayes, exited the vehicle and approached the victim’s car. The victim attempted to escape by driving away, hitting and carrying Bennet some distance on the hood of the vehicle before it crashed into a retaining wall. Hayes and Bennett allegedly began shooting at the vehicle, striking the victim in the back of the neck.

Hayes’ attorney, Mani Golzari filed a motion to reopen Hayes’ preliminary hearing, which occurred on Sept. 11, but was quickly opposed by the prosecutor who asked Judge Okun for time to provide a written opinion.

Orally, the prosecution speculated that the defense had not looked through all of the evidence prior to the preliminary hearing, and only recently found something that may have been useful.

Golzari insisted that the prosecution had no idea what was behind the motion’s reasoning was and claimed that the preliminary hearing was just after Golzari was assigned the case. However, the court’s schedule pressured him into a preliminary hearing sooner than desired.

Judge Okun ruled in favor of the defense allowing the preliminary hearing to be reopened.

Hayes is scheduled to return to court Oct. 25.

Bennett’s first preliminary hearing is scheduled for Oct. 28.

Parties Debate Recanted Testimony in Murder Case Closings

Closing trial arguments were delivered before DC Superior Court Judge Marisa Demeo on Oct. 23 with the defense claiming there is no evidence that the co-defendants influenced or coerced a witness to recant his testimony.

Burns was convicted of these charges in 2017, but the DC Court of Appeals overturned the verdict on a technical issue in 2020.

Burns and Tyre Allen, 24, are also charged with conspiracy, obstruction of justice by influencing or delaying a witness or officer, and obstruction of justice for their alleged involvement in persuading a witness, identified as Allen’s brother and Burns’ cousin, to retract his testimony from Burns’ 2017 trial.

The prosecution argued that Allen played a crucial role in the conspiracy to undermine the witness’ original testimony, contributing to Burns’ initial conviction. Allen’s defense attorney, Brandon Burrell, contends that he was merely advising his brother to speak the truth and that no coercion was involved.

During his closing arguments, Burrell claimed there was no evidence, witness, or proof that Allen bribed, threatened, or persuaded anyone.

Burrell argued that the prosecution failed to provide a script of Allen’s phone or other platforms, in which they claimed he obstructed justice, or influenced a witness.

A transcript from a phone call between Burns and Allen was presented with a conversation about allegedly getting rid of a physical phone. Allen had asked, “Somebody else joint?” and Burns replied, “Get that joint a.s.a.p,” the joint supposedly meaning a phone.

The prosecution claimed that Allen knew precisely what he was doing when he got rid of his physical phone, knowing that deleted messages could be retrieved if it was collected as evidence.

A phone call was played during closing arguments between Allen and his brother, during which Allen stated, “If you want to tell the truth, then tell the truth…you making a choice that you feel is the right choice on your behalf, and that’s the only way I want it.”

Burrell stressed that there is no evidence Allen ever told any witness to lie. Burrell claimed the intention during the phone call was not to influence the witness, so the defense asked, “Where is the obstruction?”

The prosecution rebutted that Allen’s brother had lied during testimony and had a motive to recant because MPD paid him 12,500 dollars and granted him immunity by making him a prosecution witness in the case.

His credibility was questioned because he admitted to lying by recanting his original testimony, and both parties instructed the jury to scrutinize everything he said with caution.