Defendant’s Mother Confirms His Connection to Co-Defendants in 2020 Homicide Trial

On April 1, a defendant’s mother testified about clothing and phone calls that link suspects charged with murder and conspiracy before DC Superior Court Judge Rainey Brandt.

Koran Jackson, 23, Tyiion Kyree Freeman, 24, and Stephen Nelson, 33, are three of five individuals charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020 on the 600 block of S Street, NW. The shooting also left a second juvenile victim located in the vicinity suffering from an apparent gunshot wound to the right leg.

The case also involves alleged co-conspirators Reginald Steele, 24, and Aaron Brown, 27.

Throughout the trial, the prosecution has attempted to connect Jackson, Freeman, and Nelson to additional shootings that occurred on Feb. 22, Feb. 24, and a second shooting on March 1, 2020. The prosecution alleges a firearm conspiracy by the defendants, in which they aimed to obtain and use specific weapons in Lukes’ homicide.

At the start of the trial, the prosecution stated much like the specific firearms in the case, certain articles of clothing would become the “calling card” to specific defendants involved in the homicide. The prosecution alleges Jackson is associated with a black hoodie with the NASA insignia on it.

Prosecutors previously presented surveillance footage of a BP gas station with three men one of whom was wearing a black, NASA hoodie. Later, it was revealed that the Kia Soul the defendants are alleged to have been driving in on March 1 was stopped at a BP gas station hours before it was tracked to the alley of Lukes’ homicide.

Jackson’s mother testified about buying Jackson clothing and that, “could have been the NASA hoodie” but that she could not recall specifically.

The prosecution then presented a copy of three photos that had been shown to the witness during the search of the family’s home for identification.

According to the witness’ grand jury testimony, she had recognized two of the three photos positively identifying Jackson wearing a black hoodie with the NASA insignia in one photo.

To further claims of conspiracy among the defendants, the prosecution asked the witness to draw connections between Jackson and the Byrd family.

Tahlil Byrd, 19, was the victim of a fatal shooting on the 600 block of S Street Sept. 9, 2019. The prosecution alleges that the defendants were friends of Byrd and his family, and that their alleged shooting spree was an act of retaliation following Byrd’s killing.

To connect Jackson to Byrd, the prosecution asked the witness about Jackson’s friendship with Byrd’s brother. The witness testified that Jackson and Byrd’s brother were childhood friends.

According to the witness’ grand jury statements, she also believed that Tahlil and Jackson were friends.

The prosecution presented recordings of Jackson calling his mother from jail. In those calls, Jackson asked his mother to connect the call with a third person who the witness later identified as Byrd’s sister.

The prosecution also asked the witness if she had known or heard of a person by the name of “Boogie”. The witness testified that prior to court proceedings, she had not.

The witness admitted that later in the three way call, Jackson and Byrd’s sister could clearly be heard mentioning an “Uncle Boog”.

Uncle Boog, or Boogie, is a nickname that prosecution has established refers to Nelson based on Nelson’s previously admitted jail calls.

In cross examination, Nelson’s defense attorney, Lisbeth Saperstein, asked the witness if she had been attentive during the portion of the call where Boogie was mentioned. The witness admitted that she “had not been listening very closely” to the call and reaffirmed she had not heard of Boogie prior to testifying in court.

The prosecution also asked the witness about a separate call with Jackson in which the name “T.Y” was mentioned. The witness admitted they were referring to Freeman, and that Jackson and Freeman were childhood friends.

To corroborate the witness’ statements, the prosecution presented a video of Freeman, Steele, and Jackson together listening to music.

The prosecution then called one of the Metropolitan Police Department (MPD) detectives who had executed a search warrant on the Jackson residence.

The detective testified that a NASA hoodie, cellular device, and green Nike sneaker were found.

In his cross examination of the detective, Freeman’s defense attorney, Shawn Sukumar, asked the detective if he was present when the residence was first entered by police. The detective admitted that he had not.

Sukumar pointed out that because of the lack of body-worn camera footage, the detective has a limited ability to speak to the scene’s integrity.

In his cross examination, McDaniel asked the detective if any firearm or ammunition had been discovered in the search of the Jackson residence. The detective said no.

The final witness prosecution called was a former forensic analyst for the Department of Forensic Sciences (DFS) who had responded to the Jackson residence in May of 2020.

McDaniel asked the witness if any bullets or gun had been found and photographed at the scene. The DFS reaffirmed that no firearm or cartridges had been found.

In his cross examination, Sukumar pointed out that the DFS officer had arrived on the scene with minimal information about the case. The prosecution pointed out in their redirect that any DFS member was equipped with tools to process evidence regardless of information received previously.

Parties are slated to return April 2.

Homicide Defendant Pleads Guilty In Drug Shooting Dispute

On April 2, DC Superior Court Judge Anthony Epstein heard from a defendant who pleaded guilty after accepting the prosecution’s offer to a fatal shooting and non-fatal stabbing.

Karlos Kinney, 24, was originally charged with second-degree murder while armed for shooting 25-year-old Resha Blount on April 30, 2020, at the 900 block of New Jersey Avenue, NW.

Kinney is also charged with assault with a dangerous weapon for stabbing another inmate in the DC Jail on Nov. 23, 2022. Kinney’s guilty plea is being extended to both cases.

Police said they found text messages on Blount’s phone that indicated a drug sale between the two on the night of the incident. According to court documents, Kinney allegedly shot Blount four times in her apartment after the two got into a dispute over drug prices.

“The defendant’s actions were voluntary and purposeful,” the prosecution said. “This was no mistake.”

Kinney accepted the plea deal presented to him by the prosecution, which he originally declined in 2021.

The deal required he plead guilty to a lesser charge of voluntary manslaughter. This offered him reduced sentence of seven-and-half-to-15 years.

In the plea agreement, the prosecution said they would reduce his sentence for voluntary manslaughter from a maximum of 30 years to 10 years. However, they specified that Judge Epstein’s decision may be above or below the 10 year maximum. No limit was set on the sentence for Kinney’s assault with a dangerous weapon charge, which can go up to three years of incarceration.

Additionally, the prosecution said they would “dismiss the remaining and greater charges in both cases at the time of the sentencing.”

Judge Epstein said he believes “there is a factual basis for each plea.” He also said he would weigh the prosecution’s maximum sentences outlined by the plea deal, as well as the DC maximum sentences for both charges when making his decision.

Parties are slated to return on June 21 for Kinney’s sentencing.

Shooting Co-Defendants Accept a ‘Wired’ Plea Deal

On March 29, three shooting co-defendants accepted a plea offer before DC Superior Court Judge Micheal O’Keefe.

Stefon Freshley, 27, Jamal Matthews, 34, and Darnell Savoy, 25, are charged with conspiracy, two counts of assault with intent to kill while armed, and two counts of aggravated assault knowingly while armed regarding a non-fatal-shooting that occurred on December 28, 2018, on the 200 block of 54th Street, NE. An adult male and juvenile boy sustained life-threatening injuries from the incident. .

During the hearing, the prosecution alerted the court they had offered the defendants a so-called “wired”plea offer that can only be valid if all co-defendants accept it. The plea offer conditions differed among each co-defendant.

The offer required Freshley to plead guilty to one count of assault with intent to kill against a minor and one count of assault with a dangerous weapon, in exchange for a dismissal of all other charges in this case and a case regarding a stabbing at the DC Jail. .

Parties agreed the appropriate sentence for Freshley is seven and a half years of incarceration.

Likewise, the offer required Savoy to plead guilty to two counts of assault with intent to kill and a third count of using, carrying, and possessing a firearm in furtherance of a drug trafficking offense, in exchange for a dismissal of all other charges in this case and a case regarding a stabbing at the jail.

Parties agreed that the appropriate sentence for Savoy is 9 years of incarceration, which will run consecutive to a five year sentence for a District Court case.

Moreover, the offer required Matthews to plead guilty to aggravated assault while armed against a minor, one count of aggravated assault while armed for the injured adult, and one count of obstructing justice, in exchange for a dismissal of all other charges in this case, and two cases regarding multiple obstruction of justice and a stabbing at the jail. .

Parties agreed the appropriate sentence range for Matthews falls between 17-and-26 years of incarceration.

All parties will reconvene on June 28 for sentencing.

Victim Testifies About Shooting in Milk Crate Melee

On April 1, a non-fatal shooting victim testified before DC Superior Court Judge Andrea Hertzfeld.

Diandre Caesar, 29, is charged with three counts of assault with a dangerous weapon, second-degree cruelty to children, and two counts of possession of a firearm during a crime of violence, among other charges, for his alleged involvement in a shooting that occurred on June 28, 2022, on the 2200 block of New York Avenue, NE. No injuries were reported.

The prosecution called one of the victims to the stand who testified that he, his girlfriend, and their infant son had been in the parking lot of a McDonald’s so he could buy marijuana.

After the deal, he attempted to leave through the drive-through but was blocked by a milk crate. He testified that he got out of his vehicle and threw the milk crate over a nearby fence.

Prosecutors played security camera footage that showed a man identified as Caesar throwing the milk crate over the fence and into the drive-through lane earlier as he mowed grass.

After the victim threw the milk crate back again, the footage also showed Caesar running through the parking lot to throw the milk crate back over the fence, where it struck the victim’s car. The victim testified he got out of his car to confront Caesar.

“He was attempting to create some sort of confrontation over a milk crate,” said the victim. “I am one who loves my cars. … I was very upset and mad.”

According to the victim, a verbal altercation occurred as the two argued and exchanged insults through the fence. The victim’s girlfriend stayed in the passenger seat, but audio from the dash cam captured her insulting Caesar as well.

“I wasn’t squaring up or making hostile threats,” said the victim, and testified that Caesar also wasn’t “squaring up” and appeared to be unarmed at the time.

However, when the victim realized the verbal altercation could escalate into a physical fight, he returned to his car out of fear for his son’s safety. Right before he drove away, he threw the milk crate back over the fence.

“I think that triggered him,” said the victim. “I threw that milk crate back over the fence just to annoy him.”

According to the victim, he and his family tried to drive away, but were pursued by Caesar who allegedly punched and kicked their vehicle while they were stopped at the exit. The victim noticed Caesar had retrieved a bag “from his friend,” and now feared he was armed.

The victim attempted to pull out into the street, but was blocked by other traffic. Caesar allegedly continued to strike the car, moving over to the rear driver’s window, where the victim’s son was in his carseat.

The victim claimed he then reversed, intentionally aiming his car at Caesar to capture his face on his dash cam before driving away. As they fled, four shots struck the rear of their vehicle. The victim quickly pulled over to ensure his son’s safety.

“It was my son in the vehicle that was my concern,” said the victim. “I wasn’t even worried about me.”

On cross examination, one of Caesar’s defense attorneys, Adrian Madsen, pointed out that the victim had previous convictions related to his former girlfriend, the other victim of the shooting, that were unrelated to this case.

He also referenced the victim’s grand jury testimony, in which the victim testified that he “hoped and prayed” Caesar would hit him during their verbal altercation so he could “teach him a lesson.”

The victim reluctantly agreed with these statements, but clarified the reason he confronted Caesar was because he “wanted, honestly, to see his true character.”

Further, the victim previously testified to the grand jury that his girlfriend had been holding a knife during the verbal altercation, but now claimed he didn’t remember it happening that way, stating his girlfriend only retrieved the knife when Caesar allegedly approached the vehicle.

The victim also denied ever attempting to run Caesar over with his car, but stated he would have if he found it necessary to “get out of the situation.”

He also testified he never saw Caesar with a firearm in his hand.

The prosecution called their next witness, one of Caesar’s coworkers, who arrived on the scene as the altercation was occurring.

The witness stated he did “not want to be here today,” and testified to hearing people arguing when he came to pick Caesar up from work on the day of the incident.

The witness’s testimony is set to continue on April 2 due to time constraints.

Document: MPD Investigating Fatal Shooting in Northwest

The Metropolitan Police Department (MPD) is investigating a fatal shooting that occurred on April 2 on the 2100 block of 9th Street, NW.

According to MPD documents, officers responded to the location for the report of the sounds of gunshots. When they arrived, they located an adult male with multiple gunshot wounds. He was transported to a local hospital, where he succumbed to his injuries. A second man was found with a graze wound.

The victim was identified as 19-year-old Marquis Ward.

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 Investigating Fatal Stabbing in Northeast

The Metropolitan Police Department (MPD) is investigating a fatal stabbing that occurred April 1 on the 300 block of 61st Street, NE.

According to MPD documents, officers responded to the location for the report of a man down. Officers located an individual suffering from stab wounds, and after all lifesaving efforts failed, he was pronounced dead.

The victim was identified as 33-year-old Devon Greenfield.

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 Accepts Plea Deal and Sentences Contrite Homicide Defendant

On March 29, DC Superior Court Judge Anthony Epstein sentenced a homicide defendant after accepting a plea deal.

Brandon Wiggins, 26, was initially charged with first-degree murder while armed and possession of a firearm during a crime of violence in connection to the shooting of Damon Bell, 43, on the 1600 block of West Virginia Avenue, NE, on June 14, 2019.

Wiggins was also charged with fleeing a law enforcement officer and accessory after the fact assault with intent to kill while armed for an unrelated matter.

On January 24, Wiggins accepted a deal, which required him to plead guilty to voluntary manslaughter while armed and accessory after the fact to aggravated assault while armed in exchange for a dismissal of all other charges. Through the deal, parties agreed on a sentence of 10 years of incarceration.

Lee Smith, Wiggins’ defense attorney, stated that Wiggins is willing to accept his punishment because “punishment is due here.”

Smith further noted that he believes that Wiggins will turn his life around as he has already had time to think about his actions during the nearly five years he has been incarcerated. Wiggins has also expressed interest in school and other programming options.

“I am very emotionally sorry for my actions that day,” said Wiggins.

After accepting the plea deal, Judge Epstein noted that “Wiggins has accepted responsibility for his actions. He’s expressed remorse.”

Due to Wiggins’ criminal history and the nature of these “very serious crimes,” Judge Epstein denied the defense’s request for a sentence under the Youth Rehabilitation Act (YRA). The YRA allows for a young defendant’s conviction to be sealed when they successfully complete their sentencing requirements.

Judge Epstein sentenced Wiggins to eight years of incarceration for voluntary manslaughter while armed and a consecutive two years of incarceration for being an accessory after the fact with credit for time served.

After serving his time, Wiggins will be on supervised release for five years, and he will need to register as a gun offender.

No further dates were set for this matter.

Shooting Defendant Pleads Not Guilty During Arraignment

On March 29, a shooting defendant was arraigned before DC Superior Court Judge Robert Okun.

Daniel Mendoza, 23, is charged with four counts of assault with intent to kill, two counts of aggravated assault knowingly while armed, and four counts of assault with a dangerous weapon, among other charges, for his alleged involvement in a shooting that injured three individuals. The incident occurred on June 27, 2023, on the 3100 block of 16th Street, NW.

During the hearing, Mendoza’s defense attorneys, Marc Eisenstein and Michael Lawlor, alerted the court Mendoza was pleading not guilty to all 27 charges, and asserted his constitutional rights, including the right to a speedy trial.

Parties are slated to return May 24

Judge Approves Defense Request for Another Competency Screening

On March 29, the defense requested their own expert conduct a mental competency screening for a homicide suspect before DC Superior Court Judge Anthony Epstein. He ultimately approved the request.

Asmerom Ghebrekidan, 52, is charged with second-degree murder while armed and two counts of assault with a dangerous weapon for his alleged involvement in a stabbing incident that occurred on the 1900 block of 14th Street, SE, on May 25, 2023. The assault left two victims suffering from injuries, and one of the victims, 41-year-old Fitsum Ayele Mamo, died two days after the incident.

During the hearing, Ghebrekidan’s stand-in defense attorney, Molly Bunke, requested their own expert evaluate Ghebrekidan following multiple inconclusive evaluations by doctors from the Department of the DC Department of Behavioral Health (DBH).

Ghebrekidan also requested new counsel as he believes that his assigned attorney, Kevin Mosley, is working for an organization working against him. Bunke was acting as a stand-in defense counsel for Ghebrekidan, as he refused to be near Mosley.

Given the situation, Bunke requested that the parties “hold off” on an arraignment until they have time to have Ghebrekidan evaluated by their own behavioral health experts.

Parties are slated to return June 14.

Homicide Defendant Waives Right to Test DNA Evidence

On March 29, a homicide defendant waived his rights to independently test DNA evidence before DC Superior Court Judge Anthony Epstein.

Karon Brown, 32, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict for his alleged involvement in the fatal shooting of 32-year-old Cynthia Barringer on Oct. 31, 2021, at the 2000 block of Green Street, SE.

During the hearing, the prosecution noted that they had tested many items in evidence, including a BIC lighter, a firearm, and red stains alleged to be blood found at the scene. Brown’s DNA was excluded from the lighter and the red stains, however, his DNA was a strong likelihood Brown’s DNA was found on the firearm.

Marnitta King, Brown’s defense attorney, alerted the court he planned to waive his right to independently test the evidence.

Judge Epstein informed Brown that he would not be able to change his mind after waiving his rights; however he chose to waive them anyway.

Parties are slated to return Feb. 14.

Homicide Co-Defendants Request Trial Severance

On March 29, homicide co-defendants filed a motion for severance before DC Superior Court Judge Maribeth Raffinan.

Rafael Stevens, 39, and Jermall Johnson, 40, are charged with premeditated first-degree murder while armed, attempted robbery – felony murder, five counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm, among other charges, for their alleged involvement in the shooting death of 50-year-old Aniekobo Umoh on Dec. 29, 2022, on the 2700 block of 7th Street, NE.

Johnson’s defense attorney, Stephen LoGerfo, told the court that he filed a motion to sever his client’s case from Stevens’, to be able to use him as a witness in Johnson’s case. He argued that his testimony would be a crucial component to their arguments.

The prosecution argued against the motion to sever, stating that conducting a second trial would put a strain on the “judicial economy” and that it would be difficult to call the same witnesses twice for separate trials.

The prosecution argued that the circumstances of the crime weighed against severance as the evidence is not appropriately exculpatory.

The prosecution alleged that a video captures the two defendants seeing Umoh, leaving the scene, and returning with a firearm, which they claimed to be premeditated first-degree murder.

However, LoGerfo insisted that the evidence was “exculpatory” as it would suggest that there was no premeditation involved.

The prosecution reiterated that the testimony would not be exculpatory, as the video allegedly captures the defendants planning to commit the crime and then following through. The defense stated that the video does not show the whole picture in relation to other activities, such as communication between the defendants, that were not caught on camera.

The prosecution told the defense that if the defendants were kept together, they would drop the felony-murder addendum connected to the attempted robbery charge. The judge postponed a ruling on the matter, pending further information related to the motion to sever.

The parties are expected to return to court on April 9.

Judge Finds Probable Cause Based on ID Evidence in Double Homicide Case

On March 29, DC Superior Court Judge Anthony Epstein found probable cause in a homicide case.

Ronzoni Jackson Jr., 24, is charged with first-degree murder while armed for his alleged involvement in the murders of 28-year-old Octavio Quintano and 35-year-old Osmine Quintano on Dec. 12, 2023 on the 2300 block of 4th Street, NE.

The prosecution called a Metropolitan Police Department (MPD) homicide detective to detail the case against Jackson.

When examining video footage from a liquor store located at the intersection where the homicide occurred, the detective testified that you can “see the defendant’s face clearly.” He also noted that the tattoo on the individual’s neck matched a tattoo identified on Jackson.

According to the detective, Jackson was in the liquor store leading up to the homicide.

The detective also testified that the individual’s haircut as shown in the liquor store video footage was very distinctive, and matched Jackson’s haircut.

The detective then explained that the defendant, who he says was clearly seen in this video, matched the appearance and description of the suspect shown in still-photos of the crime scene, as they were wearing the same “bulky black boots, puffy white jacket, hooded sweatshirt, and light blue or gray ripped jeans.”

During cross examination, Jackson’s defense attorney, Sellano Simmons, focused on a fight that was recorded on street camera footage 13 minutes before the homicide occurred. Upon interviewing one of the witnesses involved in the fight, the detective learned that Jackson was also present.

This fight served as an apparent precursor to the shooting.

Video footage of the homicide, not shown in court, shows a man wearing the same clothing that the detective testified about shooting at both Octavio and Osmine.

The prosecution displayed still-shot images of the suspect to the court.

“The gunfire is observed by muzzle flashes coming from the extended arm of Jackson,” said the detective in an affidavit.

The prosecution asked Judge Epstein to find probable cause based on the presented video evidence, physical evidence and witness testimony.

While the prosecution admits the central issue in this case is identification of the suspect, she argues that the law allows for the reliance “of officer identification when there is sufficient evidence.”

Simmons argued that the shooting was not “premeditated and deliberate,” and that there was no way to tell if it was not an act of self defense.

He emphasized the support that Jackson has, as many of his family members have been present at all proceedings. Then Simmons asked that Jackson be released under house arrest at his father’s home where he would not pose a threat to the community.

“Evidence presented by the [prosecution] does establish probable cause,” said Judge Epstein. He cited the strength of the evidence that Jackson was “clearly identifiable based on facial characteristics and that there is a strong resemblance between the clothing of the shooting and the clothing that Jackson was wearing [in the liquor store footage].”

The prosecution asked for Jackson to be held citing the danger he poses to the community and the seriousness of the offense. The prosecutor emphasized Jackson’s three prior convictions, including an unauthorized use of a vehicle, his lack of employment, and history of recent drug use as reasons to support the need for his detainment.

Judge Epstein ordered the defendant held pending trial. He maintained Jackson’s family connections are not sufficient, and that house arrest would not protect the community well enough.

Parties are slated to return on Sept. 13.

Prosecutors Extend Plea Agreement to Non-Fatal Shooting Defendant

On April 1, prosecutors extended a global plea agreement to a non-fatal shooting defendant in front of DC Superior Court Judge Lynn Leibovitz.

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.

Ruffin’s attorney, Stephen LoGerfo, was not present, with Karen Minor representing him as a stand-in.

The prosecution placed a plea deal on the record, which stated that if Ruffin pleads guilty to assault with a dangerous weapon and possession of a firearm during a crime of violence, as well as the unlawful use of a vehicle charge in his second case, that all other charges will be dropped.

Minor requested additional time to discuss the plea with Ruffin, which was granted by Judge Leibovitz.

Parties are set to reconvene on April 22.

Pretrial Services Request to Revoke Homicide Defendant’s Release Denied

On April 1, DC Superior Court Judge Robert Okun denied an agency’s request to revoke a homicide defendant’s pretrial release.

Christian Johnson, 33, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, and unlawful possession of a firearm by a prior convict, for his alleged involvement in the fatal shooting of 25-year-old Lavonte McCould on Nov. 25, 2021, on the 1600 block of Kenilworth Avenue, NE.

A representative from DC’s Pretrial Services Agency (PSA) raised concerns regarding Johnson’s ability to follow release conditions, and requested the revocation of personal recognizance and electronic monitoring for Johnson. This request followed alleged infractions where Johnson didn’t follow mandated home confinement for five minutes on two separate days.

In response, Johnson’s defense attorney, Dominique Winters, explained that his absence from home was due to his grandmother’s injury, preventing her from walking the family’s dog. Johnson, said Winters, had to assist his grandmother, which led to his temporary absence from home.

The defense shared that the issue had been addressed with Johnson’s case manager, and the dog was relocated to another family member’s home.

The prosecution made no arguments or requests.

Judge Robert Okun decided not to revoke Johnson’s release, since the issue was resolved.

Parties will meet again for a status hearing on April 12.

Judge Partially Grants Motion to Admit On-Scene Witness Statements

On April 11, DC Superior Court Judge Robert Okun addressed the prosecution’s motion to admit the victim’s girlfriend’s on-scene statements into evidence.

Marcus Walker, 23, is charged with first-degree murder premeditated while armed, assault with a deadly weapon, assault with a deadly weapon against a minor, second-degree cruelty to children, three counts of possession of a firearm during a crime of violence, and possession of a large capacity ammunition feeding device for his alleged involvement in the killing of 28-year-old Erik King on Oct. 11, 2022 at the 800 Block of 21st Street, NE.

Judge Okun first wanted to address the issue of a second witness, a six-year-old, who can be heard in the responding officer’s body-worn camera footage.

Walker’s defense attorney, Jesse Winograd, noted that because the witness is not testifying in court, the statements should not be allowed.

Prosecutors argued that the statements made should be considered an “excited utterance”, which would make them admissible.

Judge Okun ordered that the juvenile witness’ testimony be redacted.

When discussing the statements made by King’s girlfriend, Winograd stated that the on-scene identification of Walker is “a classic example of an out-of-court identification,” and therefore less objectionable. However, there are portions of the clip he further objected to.

“She is a naked gunshot victim with her dead boyfriend in the next room,” said the prosecutor when arguing that all the statements made should be considered an excited utterance.

Winograd responded by saying that the witness’ change in demeanor needs to be considered when determining if a statement should be considered an excited utterance. He noted that there was a considerable difference between the beginning of the footage when the witness is hysterical and later in the footage when the witness has had time to calm down.

“This is a woman who just saw her then-boyfriend shot dead in front of her,” said Judge Okun while acknowledging that she was in a state of “nervous excitement.” However, he recognized that at a certain point in the footage “she has calmed down, and largely remains calm.”

Judge Okun partially granted the motion as he ruled that portions of the body-worn camera footage are admissible.

Parties are slated to return April 24.

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