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Judge Finds Probable Cause, Despite ‘Not Overwhelming’ Evidence

DC Superior Court Judge Robert Okun found probable cause that a defendant was the perpetrator in a homicide, even though the evidence was “not overwhelming.”

Eliexander Lopez-Burgos, 24, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 38-year-old Carlos Javier Blanco Fernandez. The incident occurred on Nov.16, 2023 on the 2200 block of New York Avenue, NE.

Lopez-Burgos himself was the victim of a shooting on Nov. 14, near the homicide location. 

The lead detective from the Metropolitan Police Department’s (MPD) Homicide branch previously testified at an April 11 hearing that Lopez-Burgos’ vehicle, which was a distinct dark Chrysler Cross Country van with gray sliding doors, was seen at the scene of Blanco Fernandez’s murder. 

According to the detective, multiple witnesses stated that the shots came from the passenger side of the vehicle, and a witness had seen Lopez-Burgos in the passenger seat ten-to-15 minutes before the murder. 

On May 3, the detective testified that Lopez-Burgos had been arrested in December of 2023 in Denver, CO, in a vehicle that matched the description of the suspect vehicle, which was registered to the defendant. 

The prosecution argued the case has “unusual circumstances,” adding that when Lopez-Burgos was arrested in Colorado, the prosecutor flew to participate in a preliminary hearing before a Federal Judge, who made a probable cause finding. 

In their arguments before Judge Okun, the prosecutor stated that Lopez-Burgos “did not leave DC after he was shot, but rather he left after the homicide with the car seen at the scene,” adding that the van was everywhere, including the scene of Lopez-Burgos’ shooting, the murder scene, and his arrest. 

However, Kevann Gardner, Lopez-Burgos’ defense attorney argued that the prosecution didn’t “even come close” to meeting the probable cause requirement, adding there is no evidence to prove that the suspect was the shooter. 

“They provided more evidence that he’s not the shooter,” Gardner proclaimed, insisting that the only reason he was arrested is because “the prosecution and MPD are relying on rumors” from the witnesses at the scene. 

He argued that Lopez-Burgos fled the District because “he could’ve died… he doesn’t feel safe in DC,” following his shooting. 

Despite Gardner’s arguments, Judge Okun found that the prosecution met the probable cause standard, despite “not overwhelming” evidence. According to Judge Okun, the prosecution has “significant circumstantial evidence.” 

In a “relatively close call,” Judge Okun denied the defense’s request for release, agreeing with the prosecution that he poses a flight risk and dangerousness, despite not having a criminal history. 

Parties are slated to reconvene July 19. 

Defendant Sentenced in ‘Active Shooter’ Incident That Wounds Good Samaritan

DC Superior Court Judge Michael Ryan sentenced Tyrone Taylor, 37, to eight years in prison for what the prosecutor described as an ‘active shooter’ event that terrorized at least four victims and seriously wounded another.

According to court documents on July 22, 2023, officers from the Metropolitan Police Department (MPD) police responded to a caller who said someone had threatened him with a gun on Kingman Island, a man-made, wooded preserve in the Anacostia River.   

In the May 3 hearing, the prosecutor described Taylor as responsible for that assault as well as a series of events in the secluded area that day as characteristic of an ‘active shooter.’

Using a 9mm handgun, the prosecutor says Taylor accosted two fishermen at gunpoint, then two hours later encountered an individual who thought Taylor might need help.  While the Good Samaritan said he wasn’t calling police but summoning assistance, Taylor responded by opening fire. 

The prosecutor played body-worn camera video of the victim’s rescue as he was lying on a table with first responders attempting to stop the bleeding from life-threatening wounds in the abdomen and left-leg.

Later, according to the prosecution, Taylor pointed a gun at a juvenile who ran in fear and stopped two people who all hid together “cowering in fear” from the sounds of gunfire.   All in all, said the prosecutor, Taylor exhibited “deadly and volatile behavior.”  

The prosecutor also pointed out that Taylor had an extremely violent criminal history.  The offenses going back to 2005 included an armed robbery conviction and a manslaughter conviction in 2016.

In January, Taylor pleaded guilty to charges of assault with intent to kill, assault with a deadly weapon and possession of a firearm during a crime of violence. The prosecutor asked Judge Ryan for sentences of eight respectively on the first two charges, and seven years on the third count.

Speaking on Taylor’s behalf, attorney Carrie Waletz said, “No doubt this was a volatile situation that could have been worse.” However, she said that Taylor was “very much on the edge” after being targeted by gunfire many times, and, by his own account, wounded five times. 

The problem was compounded, says Waletz, by Taylor’s “self-medicating” with street drugs which she called a “recipe for disaster.”  Waletz went on to describe Taylor’s challenged family background without a father who also wound up in the criminal justice system,  

Judge Ryan had ordered a mental competency evaluation for Taylor which concluded he was fit to stand trial in spite of thinking the judge described as paranoid-like and “not entirely logical.”

Taylor apologized for the crime; however, he said, “Everyone in this room doesn’t know what the victim was doing.”  And Taylor said he feared for his life. “Why was my space violated?” he asked as the victim approached. 

In passing sentence, Judge Ryan said, “This man you shot suffered a great deal….You created a great deal of havoc.” 

Taylor will serve eight years for the assault with intent to kill charge, seven years for assault with a deadly weapon and eight years for possession of a firearm in a crime of violence for eight years.  The sentences are to run concurrently.  All that followed by three years of supervised release and a $300 payment to victims of crime fund. 

April Sees Steep Spike in DC Homicides, Non-Fatal Shootings

According to D.C. Witness data, there were 17 homicide victims and 42 non-fatal shooting victims in April, as reported  from the Metropolitan Police Department (MPD).  

April data shows a nearly 55 percent increase in homicides and a approximately 163 percent increase in non-fatal shooting victims from the previous month’s totals, which were 11 homicides and 16 non-fatal shootings, respectively. 

Further, there were 17 reported incidents with at least one death in April.

During the same period there were 24 non-fatal shooting incidents with at least one victim.  

In April, there were a total of 59 victims in 37 incidents. Several of the incidents happened as a result of disputes.

On April 4, the MPD announced a 16-year-old was arrested and charged with the fatal shooting of Avoin Evans, 14, at the Brookland Metro Station in Northeast, DC.  

According to court testimony, video footage shows two groups of kids, which included Evans and two of his friends, fighting. The shooter, who was standing away from the melee, pulled out a gun from his waistband, pointed it at Evans and fired. 

On April 27, police responded to a stabbing on the 100 block of T Street, SW.  The victim, Marin Gross, 41, died from his injuries.  Forty-nine-year-old Wali Shabazz was arrested and charged with second-degree murder in the case.  The pair knew each other and were involved in a workplace dispute that escalated into a homicide, according to an MPD release.

In an April 23 incident, officers responded to a reported shooting on the 4800 block of North Capitol Street, NE, where they located an adult male and a five-year-old girl suffering from gunshot wounds. They were transported to a local hospital for treatment of their injuries.

The suspect was identified as 29-year-old Alante Partlow who reportedly knew the victims.  He has an outstanding arrest warrant and is charged with aggravated assault while armed.  MPD is offering a reward of up to $10,000 for information in the case.

Responding to an April 8 shooting, MPD officers located an adult female victim in a stolen car on the 1500 block of North Capitol Street, NE.  She was treated for non-life threatening injuries.  Another woman was shot in the incident and also treated for non-life threatening injuries.   

According to an MPD release, the pair, identified as 23-year-old Sydney Johnson, and Makayla Robinson, 19, got into an argument, pulled out guns and shot at each others, 

Police charged the pair with unauthorized use of a vehicle and are looking for other suspects in the crime. 

Document: MPD Investigating Fatal Crash Involving a Pedestrian in Northwest

The Metropolitan Police Department (MPD) is investigating a traffic crash that resulted in the death of a pedestrian on May 2 on the 7500 block of 16th Street, NW.

According to MPD documents, a woman was crossing the street outside of the crosswalk at the location, when a vehicle, which was driving northbound, struck her. The vehicle remained on the scene, and the pedestrian succumbed to her injuries there.

The victim was identified as 31-year-old Heidy Rocio Lovo Marquez.

Anyone with information about the incident should call the police.

Document: *Decedent Identified* MPD Investigating Southeast Homicide

The Metropolitan Police Department (MPD) is investigating a homicide that occurred on May 1 on the 1300 block of Pennsylvania Avenue, SE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located 32-year-old Thomas Carlos Felder suffering from gunshot wounds. He died at the scene.

MPD offers a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for each homicide in the District.

Document: MPD Arrests Man for October 2020 Triple Shooting

The Metropolitan Police Department (MPD) announced the arrest of a man in connection to a triple shooting on Oct. 10, 2020 on the 600 block of 19th Street, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located two men and a woman suffering from gunshot wounds. They were transported to a local hospital for treatment.

On May 2, 30-year-old Earnest Dangelo Cleveland was arrested and charged with assault with intent to kill, pursuant to an arrest warrant.

Document: MPD Investigating Southeast Homicide

The Metropolitan Police Department (MPD) is investigating a fatal shooting that occurred on May 1 on the 1300 block of Pennsylvania Avenue, SE.

According to MPD documents, officers responded to the location for the report of a shooting. There, they located a man suffering from gunshot wound injuries. He died at the scene.

The victim’s identity is being withheld pending next of kin notification.

MPD offers a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for each homicide in the District.

Judge Releases Defendant Expelled from Drug Treatment Program

Markeis Crandall was detained in October of 2023 for noncompliance with probation, but on May 3 he was released from jail by DC Superior Court Judge Rainey Brandt, despite infractions that cut short his participation in a substance abuse treatment program.

Crandall, 20, was originally charged with two counts of assault with intent to kill while armed and possession of a firearm during a crime of violence for his involvement in a non-fatal shooting that left two individuals injured on Nov. 26, 2021, on the 2200 block of Minnesota Avenue, SE. 

In 2022, Crandall accepted a deal that required him to plead guilty to aggravated assault knowingly while armed and possession of a firearm during a crime of violence. He received a suspended sentence of five years with two years of probation.

At Crandall’s probation hearing, the prosecution joined the Court Services and Offender Supervision Agency (CSOSA) in recommending that Crandall’s probation be revoked and that he serve the five years of his suspended sentence. They based this recommendation on Crandall’s early discharge from the Residential Substance Abuse Treatment (RSAT) program that he entered in January to address his addiction to fentanyl. 

According to Crandall’s Community Supervision Officer (CSO), Crandall was found with three iPads, a violation of regulations at the facility where he was being treated. He was discharged because he already had a disciplinary write-up for bringing Suboxone with him when he was admitted. The drug is used to opioid addiction but is not permitted on facility grounds.  

Crandall and his attorney, Sellano Simmons, argued that Crandall didn’t do anything illicit with the iPads and wasn’t aware of a regulation against keeping them. Simmons explained that the facility had given Crandall the responsibility of distributing and collecting the iPads available for use by a number of prisoners.

Simmons asked that Crandall be allowed to read a letter he had prepared for the hearing, but Judge Brandt refused, saying she didn’t want to add emotion into her decision. 

Her focus, she said, was on the administrative obstacles being placed in Crandall’s way while he tried to overcome an addiction that could kill him.

“A program that is supposed to help isn’t making things better by tossing someone out for an infraction that, if he had been given a hearing, might have been explained away,” Judge Brandt said. 

She said she was saddened that no one had contacted her at the time of the iPad incident, so Crandall might have had a chance to complete the RSAT program. 

Judge Brandt also criticized the decision to penalize Crandall for bringing Suboxone with him into the RSAT facility, since the purpose of the Suboxone was to treat the fentanyl addiction for which he was originally admitted to RSAT

“We all knew he was doing fentanyl, and we all knew that he was given Suboxone to deal with withdrawal,” Judge Brandt said.

Judge Brandt released Crandall on the same conditions as his probation before he was detained.

“The first sign I get of a positive drug test for anything, CSOSA may be asking for a revocation, as will the government, and I may listen to them at that time,” Judge Brandt warned Crandall.

The next hearing is scheduled for June 7.

Sentencing Postponed Again for Road Rage Shooter

After being convicted of shooting a woman who was driving with two young children, Kenneth Davis’s sentencing was delayed on May 3 because his pre-sentence report was inaccurate.

Davis, 45, was found guilty in January of assault with intent to kill while armed, four counts of unlawful possession of a firearm during a crime of violence, and three counts of assault with a dangerous weapon. The charges stemmed from his involvement in a non-fatal shooting that injured one person on May 19, 2021, on the 1600 block of Eastern Avenue, NE. The altercation stemmed from a traffic accident.

Marnitta King, Davis’ defense attorney, told DC Superior Court Judge Rainey Brandt that the pre-sentence report incorrectly stated that Davis refused to cooperate with the pre-sentence investigation. According to King, no one from the Court Services and Offender Supervision Agency (CSOSA) ever contacted her client about the report.

King requested that Davis’ sentencing be postponed to allow CSOSA to interview Davis and to allow her to prepare for the sentencing hearing. King explained that she didn’t prepare because she wasn’t sure a sentencing would occur until Judge Brandt ruled on her motion for a new trial.

“Just because those motions were filed shouldn’t have been a signal to you to stop preparing for sentencing,” Judge Brandt replied. She pointed out that King received additional time to prepare when the court rescheduled the sentencing from March 29 to May 3, so as not to hold it on Good Friday.

Judge Brandt also questioned whether Davis himself wanted the sentencing to be postponed. Without his attorney’s involvement, he had filed an appeal, which is not permitted before sentencing.

“Mr. Davis clearly wants to appeal this case, and the only thing standing in his way is that he hasn’t been sentenced yet,” observed Judge Brandt. 

Judge Brandt found it puzzling that the defense would try to delay sentencing given that Davis’ sentence is largely predetermined by mandatory minimums. Due to his extensive criminal history, said Judge Brandt, the shortest sentence Davis could receive is 32-and-a-half years.

“It has been ages since the court has seen a criminal history score of that much,” Judge Brandt said. “In the face of all that, I am stymied to wonder why you want to put that off.”

“If it would do me any justice to see the PSI [Presentence Investigation] people, I would like to,” Davis asserted. “I’m not trying to delay the process, but I’m not trying to speed through the process because I’m not just a number–I’m a person, too.”

In granting the defense’s request for a new sentencing hearing, Judge Brandt also ordered CSOSA to arrange an interview with Mr. Davis next week and provide the court with a new presentence report soon after.

“Ms. King, if anything goes sideways with the PS [presentence] report, it’s up to you to fill in the gap by July 12,” Judge Brandt declared.

The next hearing is scheduled to take place on June 14.

Murder Defendant Sentenced to 25 years After Prosecutor Presents Crime Video 

After reviewing video of a killing, DC Superior Court Judge Marisa Demeo deemed this “cold blooded murder” as a “brazen act” and sentenced the defendant to 25 years of incarceration for second-degree murder while armed. 

Andre Hicks, 40, was originally charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 34-year-old Daniel Adams on Nov. 25, 2023, on the 1700 block of Benning Road, NE. 

Hick previously accepted an offer from the prosecution, which required him to plead guilty to one count of second-degree murder while armed, in exchange for the prosecution not seeking an indictment.

On May 3, the prosecutor requested Hicks be sentenced to 26 years, stating the evidence of the case is “extremely strong,” as he played a video that showed Hicks pulling out a gun and shooting Adams multiple times in the back as he tried to run away. 

The prosecution also noted Hicks’ extended criminal record going back decades. He has an assault conviction and multiple offenses, including drug trafficking. 

“He is not going to conform to the law,” the prosecutor added.

A statement from the victim’s family, read by the prosecution, categorized the defendant’s actions as a “cowardly act.” 

“[Adams] was ripped from us in senseless violence,” the Adams family stated.   

Steven Kiersh, Hicks’ defense attorney, responded that Hicks acknowledges and understands the pain the family has endured.

Kiersh said 26 years of incarceration was “excessive” and requested a sentence on the lower end of the guidelines.   

Hicks personally apologized to the court, the victim’s family, his family, and specifically mentioned his two children for “letting them down.”

“A cold blooded murder with many people around was a brazen act,” Judge Demeo stated. 

However, she gave Hicks credit for taking responsibility and noted his potential for rehabilitation. 

Judge Demeo ultimately sentenced Hicks to 25 years for second-degree murder while armed, allowing credit for time already served. 

Along with five years of supervised release, Hicks will also be required to register as a gun offender, obtain a substance abuse and mental health assessment, and participate in an anger management program. 

Due to a request from the prosecution, Judge Demeo will recommend Hicks be placed in a correctional facility 250 miles from DC.

No further dates were set.

Judge Denies Defendant’s Motion for New Counsel, Co-Defendant Refuses to Attend Court 

DC Superior Court Judge Robert Okun denied a homicide defendant’s request for a new attorney in a 2018 case, as his co-defendant refused to go to court. 

Mark Price, 29, and Antonio Murchison, 31, are charged with conspiracy, first-degree murder while armed, five counts of assault with intent to kill while armed, aggravated assault while armed, seven counts of possession of a firearm during a crime of violence, and seven counts of criminal gang affiliation. They are charged for their alleged involvement in the mass-shooting that killed 10-year-old Makiyah Wilson on July 16, 2018 on the 5300 block of 53rd Street, NE. The incident left four other individuals suffering from gunshot wounds. 

Price is also charged with first-degree murder while armed, two counts of assault with intent to kill while armed, assault with a dangerous weapon, threat to kidnap or injure a person, four counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, and first-degree burglary while armed, for his alleged involvement in the fatal shooting of 47-year-old Andre Hakim Young on July 30, 2018 at the 1500 block of 19th Street, NE.

According to a US Marshal, Murchison refused to get off the bus transporting him from the jail to the courthouse on May 3, leading to his presence being waived by his attorney, Michael Bruckheim. 

However, Bruckheim made it clear they were ready to proceed, especially if Murchison’s failure to appear was a personal decision and not a medical emergency.

Parties were slated to hear testimony from two detectives regarding statements made by Murchison, in an attempt to exclude them from the upcoming trial on June 10. 

On May 2, Megan Allburn, Price’s defense attorney, filed a motion to withdraw as counsel, after Price asked her to do so. 

However, Judge Okun denied the motion, with the prosecution’s support, stating that the case has been ongoing for six years, Allburn has “done everything an attorney should be doing for their client,” and withdrawing would impose an unfair penalty on his co-defendant. 

The evidentiary hearing was rescheduled to June 6.

Domestic Violence Homicide Defendant Rejects Plea Offer

A homicide defendant who allegedly confessed to shooting his ex-girlfriend rejected a pre-indictment plea deal before DC Superior Court Judge Rainey Brandt on May 3.

Desmond Thurston, 46, was arrested and charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 52-year-old Patricia Johnson on Oct. 1, 2023, on the 4000 block of 13th Street, SE. 

The plea deal offered by the prosecution would have required Thurston to plead guilty to first-degree murder while armed. In exchange, the prosecution would not have requested a sentence in excess of 30 years and would not have sought indictment on other charges related to this case.

The prosecutor stated that he believed the combination of charges that could be indicted based on the facts of this case could lead to a sentence of 60 years to life if the case goes to trial.

Parties are set to reconvene on June 24.

Murder Defendant Requests New Trial Date Following Three Weeks in Coma

A murder defendant, recovering from a coma, motioned to postpone his trial for a later date before DC Superior Court Judge Marisa Demeo on May 3. 

Robert Henson is accused of shooting 37-year-old Richard Lee Dudley on Dec. 10, 2018, on the 2500 block of Elvans Road, SE. The 44-year-old defendant is charged with first-degree murder while armed, armed robbery, possessing a firearm during a crime of violence and unlawful possession of a firearm.

David Knight, Henson’s defense attorney, motioned to continue the trial date, which is set for July 8. 

According to Knight, Henson’s mental and physical health has declined after being in a coma for about three weeks. He stated it’s “not feasible or practical” to move forward with the current trial date. 

The prosecution stated that a trial “needs” to happen considering the murder occurred in 2018, almost six years ago.

Judge Demeo did not rule on the motion and asked Henson’s defense attorneys to come up with accommodations that would be appropriate for the defendant in order to keep the original trial date.   

Parties are set to reconvene May 17 to hear the final ruling on the matter.

Shooting Defendants Arraigned, Release Conditions Modified for One 

Daquawn Lubin and Jonathan Young pleaded not guilty to all indictment charges in front of DC Superior Court Judge Robert Okun, and Lubin’s release conditions were modified in a May 3 hearing.

Lubin, 29, and Young, 34, are charged with conspiracy, two counts of assault with intent to kill while armed, assault with significant bodily injury while armed, aggravated assault while armed, and four counts of possession of a firearm during a crime of violence, for their alleged involvement in a non-fatal shooting that injured two individuals. The incident occurred on July 24, 2023 on the 4600 block of Benning Road, SE.

Lubin is also charged with unlawful possession of a firearm by a convict, and possession of a prohibited weapon, while Young is additionally charged with carrying a pistol without a license outside a home or business. 

Both defendants, through counsel, pleaded not guilty to all charges, and asserted their constitutional rights, including the right to a speedy trial. 

Kevin O’Sullivan, Lubin’s defense attorney, motioned for the court to modify his release conditions from home confinement to a curfew. According to O’Sullivan, Lubin has been fully compliant for six months, and has been working as a manager at a chain restaurant. 

However, O’Sullivan stated his time in home confinement has been rough, citing his inability to spend time with his mother, who was recently diagnosed with end- stage cancer, as well as his young child, who is partially in his custody.

According to O’Sullivan, Lubin’s home confinement has led to a rift between him and his young child, stating that the kid has gone as far as claiming his father “doesn’t love me anymore,” because they are unable to do typical father-son activities.

The prosecution objected to the request, stating Lubin has now been indicted for a “very serious crime,” and adding that he was on release for a violent crime in Maryland at the time of the incident. 

Judge Okun stated it was a “close call,” and ultimately sided with the defense. Lubin’s curfew will be 10 p. m. to six a. m., and will continue to be required to be on GPS. 

Parties are slated to reconvene June 21. 

‘Shooting Someone in the Genitals is Personal,’ Says Prosecutor in Love Triangle Homicide

DC Superior Court Judge Robert Okun heard closing arguments and expert testimony in front of a jury for a fatal shooting over an alleged jealous ex-lover who fatally shot his ex-girlfriend’s new boyfriend. 

Marcus Walker, 23, is charged with first-degree premeditated murder while armed, assault with a dangerous weapon, assault with a dangerous weapon against a minor, second-degree cruelty to children, and several other firearm and ammunition possession charges for his alleged involvement in the death of 28-year-old Eric King. The shooting took place on the 800 block of 21st Street, NE, on October 11, 2022. One other victim had minor injuries.

According to court documents, Walker and his two infant children were living with his ex-girlfriend in her apartment. On the night of the incident, Walker, his ex-girlfriend, and her boyfriend were watching TV when the couple asked Walker to head to the living room so they could go to sleep.

After Walker returned to the living room, he allegedly sent the ex-girlfriend angry texts, accusing her of behaving disrespectfully towards him. When the ex-girlfriend stopped replying to the messages, Walker allegedly barged back into the bedroom with a gun while the couple was having sex shooting King on the chest and his genitals. 

While his ex-girlfriend called the police, Walker reportedly fled the scene with his two children. The ex-girlfriend received minor injuries during the altercation, and her six-year-old daughter was present in the bedroom.

On May 2, the prosecution argued that Walker’s actions during the shooting were premeditated and deliberate, and that his “stream-of-consciousness” texts provided insight into his motive for shooting King.

“He did not act on impulse,” said the prosecution. “He doesn’t go in not knowing what he’s going to find. When you point a gun at point-blank range and pull the trigger, you intend to kill someone.”

Further, they argued that the second shot to King’s genitals was unnecessary, as the first shot had fatally struck his heart and lungs.

“Shooting someone in the genitals is personal,” the prosecution argued.

The prosecution also pointed out that Walker’s DNA was likely found on a shell casing used in the shooting, and that video surveillance showed an individual carrying two children down the street away from the ex-girlfriend’s apartment at the same time as she called 911.

“Don’t fall for smoke and mirrors,” said the prosecutor. “The truth is, [Walker] is the killer.”

The prosecution reminded the jury of the ex-girlfriend’s testimony, who was the primary eyewitness to the shooting, and argued her testimony corroborated all the evidence.

“This is a case where the eyewitness is clinging to the body of the victim!” said the prosecution, referencing a responding officer’s body-worn camera footage, which showed the ex-girlfriend attempting life-saving measures on King when officers arrived at the scene. 

The ex-girlfriend also had to admit intimate details of her personal life while on the stand, which the prosecution argued meant her testimony of the shooting was credible.

“She told you everything, even if it didn’t make her look very good,” said the prosecution. “She didn’t shy away from any of it. Why would she lie?”

They asked the jury to find Walker guilty on all charges, reminding them that, “there were two other victims in the room that night,” in reference to the ex-girlfriend and her child. 

“It is absolutely cruel to murder a man in front of a six-year-old girl,” said the prosecution.

Walker’s defense attorney, Jesse Winnograd, began his closing statements by telling the jury, “It’s not as open as shut as [the prosecutors] like to make it.”

He claimed the prosecution did not provide a substantial motive for Walker, arguing that King and Walker had known each other for weeks prior without any previous altercations, and that the texts Walker sent to his ex-girlfriend before the shooting did not threaten violence towards her or King.

“He knew that they were boyfriend and girlfriend,” said Winnograd. “There’s no motive.”

Further, he pointed out that no one had identified the individual believed to be Walker in video surveillance footage, and the firearm used in the shooting was never recovered. 

He also pointed out that Walker had been living in the apartment for weeks before the shooting took place, which could explain why his DNA evidence was on the shell casing.

“That DNA evidence doesn’t sound too damning to me,” said Winnograd.

Walker also left all of his belongings in the apartment after fleeing, which Winnograd argued was inconsistent with premeditation. 

“Why on Earth would he leave it there?” exclaimed Winnograd. “[The prosecution’s] evidence of premeditation doesn’t work!”

According to Winnograd, the ex-girlfriend was also an unreliable witness, citing minor inconsistencies in her story, and claiming she had accused a past boyfriend of assault with a firearm, but dropped the charges informing the boyfriend’s defense attorney that she had made false statements to the police. 

“Who shot King? I don’t know,” said Winnograd. “Walker is the easy person to blame.”

He asked the jury to find Walker not guilty on all charges.

The prosecution then made their final argument by pointing out that the shell casing found at the scene did not likely have King’s DNA evidence on it, despite its being found next to his body on a bed where he had been having sex.

“DNA evidence is not biased,” said the prosecution. “Your verdict needs to be based on cold, hard facts.”

Earlier in the hearing, Winnograd had called a crime scene reconstruction expert. The witness explained that, based on the crime scene photos, the autopsy report, and the photos of the ex-girlfriend’s injuries, King was likely lying on the bed when the shooting occurred. 

This report was inconsistent with the ex-girlfriend’s testimony, who testified that she was lying on the bed and King had been on top of her when the shooting occurred. 

However, the witness claimed that two hours before his testimony, he found that the ex-girlfriend’s account of events was also consistent with the evidence, and concluded that both his report and her account of events were possible.

With closing arguments concluded, Judge Okun sent the case to the jury.