Judge Denies Defendant’s Release in Glass Bottle Murder

DC Superior Court Judge Anthony Epstein found probable cause and denied release for a homicide defendant on Oct. 23, accused of killing his victim with a glass bottle.

Tommy Whack, 35, is charged with felony murder while armed for his alleged involvement in the fatal stabbing of 53-year-old Fasil Teklemariam on the 1300 block of Peabody Street, NW on April 5.

According to court documents, video footage reveals two suspects arriving at an apartment complex in a black vehicle. A third suspect opens the door for them at Teklemariam’s apartment and they stay inside. After some time, all suspects were seen exiting the apartment complex and the one appearing to be Whack was carrying a blue Walmart bag.

A medical examiner ruled Teklemariam’s death by bludgeoning with a sharp object, and he suffered from multiple sharp force injuries, according to court documents. A glass bottle neck had been found next to the victim’s body with blood stains on it. Upon further testing, Whack’s fingerprints were allegedly found on the weapon.

During the hearing, prosecutors called on the lead detective from the Metropolitan Police Department (MPD).

The detective confirmed video footage of the main suspect carrying a Walmart bag while fleeing the crime scene. This same Walmart bag was allegedly found in Teklemariam’s apartment during a crime scene investigation.

The detective confirmed many pieces of evidence found that link Whack to the crime scene including fingerprints, a similar looking vehicle seen in video footage and articles of clothing.

Kevin O’Sullivan, Whack’s attorney, argued that the prosecution had not met the burden of proof for probable cause in this case. He cited the description of the suspects by a witness, which he argued did not match Whack’s, the lack of cellular GPS tracking, and the minimal amount of forensic evidence.

O’Sullivan insisted that the fingerprint found on the wine bottle was not sufficient evidence because it could have been there previously..

The prosecution explained there was additional evidence placing Whack at the scene of the crime, including the black car he owned being in the video surveillance footage.

Judge Epstein believed the evidence was enough to meet the low burden of probable cause. He argued that, although the case was based on circumstantial evidence, it was based on “strong circumstantial evidence.”

O’Sullivan requested Whack be released to home confinement and Judge Epstein issue a stay away order from the District of Columbia Whack can focus on this family and his business.

O’Sullivan insisted that Whack did not pose a danger to the community and home confinement was sufficient for the community’s safety.

The prosecution disagreed, and stated that his prior conviction for an unrelated murder in Prince George’s County, Maryland, and the nature of the crime deem him a danger to the community.

Judge Epstein denied release on home confinement for Whack, arguing there is clear and convincing evidence with prior criminal history and the nature of the crime to show that he’s potentially dangerous to the community.

Judge Epstein added that removing him from one jurisdiction and moving him to another does not sufficiently ensure the safety of any individual given the circumstances.

Parties are slated to reconvene Nov. 15.

Judge Orders Unruly Murder Suspect Out of The Court

DC Superior Court Judge Anthony Epstein ordered court US Marshals to take a homicide defendant back to the DC Jail for exhibiting rowdy behavior in court on Oct. 23.

Kyle Piunti, 35, is charged with second-degree murder for his alleged involvement in a vehicular accident that led to the death of 54-year-old Michael Hamlin, on Jan. 3 on I-295 southbound.

According to court documents, Hamlin had stopped his vehicle in a weigh station off the highway after being involved in a collision. Piunti was allegedly driving a blue vehicle at a high rate of speed when he hit Hamlin and his vehicle, before allegedly fleeing the scene on foot.

During the hearing, Piunti began to shout aggressively about his prior attorney, Kevin Mosley’s resigning from his case and the court’s appointing Carrie Weletz as his legal representative. That’s when the judge removed Piunti from the courtroom.

Parties are slated to reconvene Nov. 15.

Prosecutors Link Cell Phone Evidence to a Mass Shooting Defendant

A witness who was able to connect a cell phone to a defendant testified before DC Superior Court Judge Robert Okun on Oct. 23.

Juan Peterson, 34, 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.

During the hearing, the prosecution called a Metropolitan Police Department (MPD) officer who was responsible for reviewing the contents of Peterson’s phone. On direct examination, the officer showed texts sent to multiple people from Peterson’s phone, allegedly inquiring about purchasing firearms, fake license plates, and a car.

While Peterson was inquiring about buying a firearm from another individual, the individual allegedly told Peterson that he had a Generation 5 Glock 23, which, according to a firearms and tool mark expert, is the type of gun that was likely used to kill Howard.

According to the officer, Peterson also spoke with another individual about purchasing fake license plate tags, which were on the suspect vehicle at the time of arrest.

The prosecution also called an officer from MPD who was present at the time the suspect vehicle was detained.

According to the witness, he was two weeks into his training when his mentor saw the suspected vehicle, and after verifying the be on the lookout (BOLO) alert, the two officers stopped the vehicle.

They identified him as Peterson and observed the Delaware temporary license plate on the trunk of the car.

On cross-examination, Peterson’s defense counsel, Daniel Kolver, noted that, when Peterson was apprehended, there was no gun found either on his person or in the vehicle. He also pointed out that the MPD analyst did not personally go through all 49,353 pages of the phone records.

A doctor from the Office of the Chief Medical Examiner (OCME) testified that she performed Howard’s autopsy, and ruled the cause of death multiple gunshot wounds to the back, and the manner of death a homicide.

A forensic scientist who, at the time, was working for the Department of Forensic Science (DFS) was also called to testify.

She collected physical and photographic evidence. She noted there were four spent cartridge casings, and one bullet found at the scene, matching a 40-caliber handgun.

Parties are set to reconvene on Oct. 24.

Shooting Defendant Rejects Plea Deal, Delays Prelim

A shooting defendant rejected a plea deal offered by prosecutors before DC Superior Court Judge Heide Herrmann on Oct. 24 pushing back the court calendar.

Delante Glascoe, 41, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a shooting incident that occurred on the 900 block of Shepherd Street, NW on Oct. 14.

According to court documents, the defendant allegedly shot at a victim in an alleyway near their house using a ghost gun, no injuries were sustained. Later in the day, Glascoe was allegedly making threats with the same firearm to shoot and kill two individuals.

During the hearing, defense attorney Camille Wagner informed the court that the defendant planned to reject a deal, which required him to plead guilty to assault with a deadly weapon, in exchange for the prosecution’s not seeking an indictment. Had Glascoe accepted the deal, parties would have agreed to limit the sentencing to five years.

The defense requested a continuance of the preliminary hearing as they needed more time to review the body-worn camera footage that they recently received.

The parties are set to reconvene on Oct. 29.

Murder Suspect Says She Feared Sexual Abuse in Drug Treatment That ‘Failed Her’

DC Superior Court Judge Maribeth Raffinan issued an order for a murder defendant to be released to another bed-to-bed drug treatment program after the defendant’s previous experience potentially led to sexual assault allegations, on Oct. 23.

Vanessa Bonaparte, 32, is charged with second-degree murder for her alleged involvement in the death of 31-year-old Dwayne Boyd, which occurred on June 22 on the 3500 block of East Capitol Street, SE.

According to court documents, the defendant was previously put on release to seek treatment with the Regional Addiction Prevention (RAP) program, a mandatory, in-patient, bed-to-bed drug treatment program, but was discharged due to “problematic behavior.”

During Bonaparte’s release in late June, she regularly tested positive for synthetic cannabinoids, according to Judge Raffinan. The most recent report made by a representative from the Pretrial Services Agency (PSA) stated that Bonaparte had failed to report and tested positive for amphetamines.

The prosecution argued that Bonaparte has violated the conditions of her release and, given the magnitude of noncompliance, Bonaparte will likely not comply in the future. They requested her release be revoked.

Defense attorney Kevann Gardner argued that there were unique circumstances that led to the series of events.

According to Gardner, while institutionsalized with RAP, an employee allegedly made inappropriate remarks toward Bonaparte, stating that “she’s never going to make it through the RAP program.” Gardner added that the employee allegedly continued to try to force Bonaparte out of her room while she was naked, and she felt that she was going to be sexually abused in the moment and the future.

Gardner told Judge Raffinan that Bonaparte told other RAP employees and her PSA agent, but no actions, except a suggestion to file a police report, were taken.

While in the program, she was unable to dial 911. After threatening legal action, RAP insisted Bonaparte sign a non-disclosure agreement (NDA) and after her refusal, the defendant was asked to leave, according to Gardner.

Gardner informed the court that this was the reason for her recent illicit substance positive test as well as failure to report to PSA, stating “PSA and RAP failed her.” He asserted that Bonaparte did not feel safe enough to report back to PSA.

The defendant’s pretrial services agent said Bonaparte didn’t go into details with him on the incident, although he did make note of it in his records. He recalled she had said “something sexually inappropriate” happened, but he took no further actions as it was the responsibility of the defense attorney.

According to the agent, RAP claimed she was discharged due to being “very disrespectful to staff and clients.”

The agent told Judge Raffinan that RAP provided no details of the alleged incident, but disclosed that Bonaparte was discharged due to her refusal to sign a behavioral contract that would enable her to continue with the program.

Judge Raffinan concluded that the core issue for all the defendant’s prior actions was her substance abuse, noting that RAP was not successful.

The judge issued an order for Bonaparte to be released to bed-to-bed treatment with another court-adjoined drug program, screening to determine eligibility.

The prosecution assured the court they would be issuing a subpoena to RAP and vowed to investigate the allegations further.

The parties are set to reconvene on Nov. 6.

Data Shows 20 Defendants Were Released from April to October

D.C. Witness data shows that between April 15 and Oct. 15, 20 defendants were released by the DC Superior Court, including those accused of homicide, carjacking, and stabbings.

Many of the release conditions consisted of GPS monitoring or home confinement.

Tyree Bratcher, 17, is charged with second-degree murder while armed for his alleged involvement in the death of 18-year-old Tyreek Moore on Jan. 22 on the 4600 block of Minnesota Avenue, NE.

Bratcher was released on April 26 by DC Superior Court Judge Maribeth Raffinan, and ordered to be in home confinement and a stay-away order from the 4600 block of Minnesota Avenue, NE.

Likewise, Owen Mendez, 19, is charged with assault with a dangerous weapon for his alleged involvement in a shooting that occurred on Dec. 17, 2023, on the 1600 block of L Street, NW. No individuals were injured.

Mendez was granted release on June 17 by DC Superior Court Judge Renee Raymond, under electronic monitoring.

Calvon Brown, 31, faces charges of aggravated assault knowingly while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm by a convicted felon, and carrying a pistol without a license. The charges were linked to a shooting that occurred on March 22 on the 2300 block of Pennsylvania Avenue, SE, where one person was injured.

On July 8, DC Superior Court Judge Erik Christian ordered Brown’s release on house arrest. The defense argued that Brown did not pose a flight risk and had significant community ties to ensure compliance with release conditions. They also noted that Brown had maintained a clean record since the incident and would be better positioned to assist in his defense while on house arrest.

Judge Christian accepted the defense’s arguments and imposed house arrest with monitoring requirements as a condition of Brown’s release.

Data Shows 170 Homicides From June of 2023 to June of 2024

According to D.C. Witness data, there were 170 homicide incidents and 183 homicide victims between June 2023 and June 2024.

In regards to those homicides, 83 arrests have been made. The number of convictions is unknown.

Based on the data, the month of August 2023 was considered the deadliest, with 25 homicide incidents, with 26 victims.

On Aug. 5, 2023, David Botchway, 21, fatally shot 19 year-old Andre Baker on the 1200 block of U Street, NW.

Botchway pled guilty to second-degree murder on Dec. 13, 2023 and was sentenced to 18 years of incarceration on May 31.

Likewise, on Feb. 4, Kyree Hairston, 25, fatally shot 51 year-old David Coe on the 1200 block of Southern Avenue, SE.

Hairston pled guilty to voluntary manslaughter while armed on Aug. 9 and will have his sentencing hearing on Nov. 15.

On April 25, Jaylen Suggs, 18, fatally shot 38 year-old Ricky Canty on the 4500 block of Sheriff Road NE.

Suggs is being charged with first-degree murder while armed for his alleged involvement. His case is still ongoing.

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.