DC Superior Court Judge Marisa Demeo addressed multiple motions in a homicide case in advance of an originally planned trial date of June 10. However, parties left the June 6 hearing with many unresolved issues, causing Judge Demeo to delay jury trial by a day.
Aaron Murchison, 28, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction, for his alleged involvement in the fatal shooting of Jamontate Brown, 32, on Oct. 16, 2022. The shooting occurred outside an apartment complex located on the 2500 block of Pomeroy Road, SE.
According to court documents, Brown sustained multiple gunshot wounds and was found on a sidewalk lying on his back with his hands above his head. There was a handgun found on the victim.
There were 80 spent cartridge casings, four live rounds of ammunition, and 22 fragments recovered from the scene, as per court documents.
The documents also stated that detectives located a vehicle believed to have been operated by the victim that had evidence of gunshot damage to the driver’s side.
Court documents stated that a witness claimed the victim must have fired first and then tried to run, which prompted the defendant to start shooting at him.
At the hearing, Judge Demeo was able to address three pending motions, despite hearing additional arguments for other motions.
Judge Demeo denied two of the defense motions – to suppress identification and bifurcate, or separate out, an element involving a prior conviction of Murchison’s.
The defense filed their motion to suppress identification on April 3, but added a supplemental filing of the matter on May 28.
Defense attorney Kevann Gardner argued about a photo procedure conducted by the Metropolitan Police Department (MPD) being “suggestive” as detectives presented a single photograph to a witness who said he recognized Murchison in video surveillance footage, but never stated his name, claiming he knew him to be Murchison’s mom’s son.
According to Murchison, his mother has six sons, two of which were incarcerated at the time of the incident in connection to the murder of 10-year-old Makiyah Wilson.
Regardless, the defense said photographs of both Murchison and his brothers should have been presented to the witness for proper identification purposes.
Judge Demeo stated the witness pointed the suspect out independently, and subsequently, although he never said the defendant’s name, he was knowledgeable that the defendant was the son of a woman who lived in a certain residence and drove a specific car.
Thus, Judge Demeo denied the motion to suppress identification, stating the witness was “able to identify the defendant not by name, but by association” in a “clear and well lit video of the suspect.” She added that she believed the witness had “sufficient familiarity” with Murchison and his mother.
As for the defense’s bifurcation motion, which was filed on June 2, the defense argued for a bifurcation of deliberation approach, meaning that deliberation would be split in parts to both the jury and the judge.
More specifically, the defense argued that the introduction of Murchison’s conviction of a prior felony offense would pose an unfair prejudice to Murchison.
Judge Demeo referred to case law, stating “without mention of prior conviction is flawed.”
Although she recognized it is “permissible but not required” for the jury and the judge to both deliberate, she ruled that the jury would be entitled to deliberating all the evidence.
Furthermore, Judge Demeo granted the majority of the prosecution’s motion for admission of other crime evidence, which shows Murchison’s involvement in prior incidents with beefing gangs.
The prosecution argued for evidence “closely intertwined with the charged conduct in this case” that would support the claims that an apartment Murchison frequented was a “trap house,” where illegal activities occur, and that he was involved in ongoing “beef” between the Wellington Park and Stanton Oaks crews.
Surveillance footage shows an individual, identified as Murchison, leaving an apartment building with a group of individuals during the time of the shooting.
According to Judge Demeo, there is “one coherent argument” – that Murchison “left the apartment to join the shooting.”
When addressing this motion, Judge Demeo stated “The central issue in this case will be identification.”
Ultimately, Judge Demeo decided to admit the majority of the prosecution’s evidence because of relevance for identification purposes. She stated it was “clear and convincing” that the defendant “was associated with the Wellington Park Crew,” to which his brothers have been proven to and alleged to belong.
Parties are scheduled to continue a motions hearing on June 10.
