On Dec. 21, in DC Superior Court Judge Robert Okun’s courtroom, a cell site expert testified regarding a homicide defendant’s cell phone location on the night of a murder.
Mussye Rezene, 31, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict, for his alleged involvement in the death of 17-year-old Brayan Villatoro on Sept. 18, 2021, on the 1300 block of Nicholson Street, NW.
Prosecutors called the cell site communications expert who displayed Rezene’s phone’s locations leading up to, during, and following Villatoro’s murder. She discussed various phone calls made from the defendant’s phone, including to the victim, connections to the internet, and the phone’s connections to service towers in the area.
In a presentation, the specialist showed that Rezene’s phone was in the area surrounding the incident, but could not give an exact location. According to the expert, a phone may not connect to the closest cell tower, but rather to the one with the best connection, making it hard to pinpoint the user’s exact location.
“It is impossible to say where within the sector the voice calls were made,” said Jonathan Zucker, Rezene’s defense attorney, during cross examination.
In following testimony, a detective testified about Rezene and his friends, Kamar Queen and Erwin DuBose, who are Rezene’s co-defendants in a separate matter.
Images of the three were displayed to the jury, with one saying “better off fu***** around with AIDS or Cancer.”
The detective stated that a phone, which was contacted by Rezene’s phone number on the night of the murder, belonged to Queen in mid-September of 2021.
During cross examination, Zucker questioned the detective about an image of Queen, DuBose, and Rezene, where Rezene and Queen are seen wearing identical gray Nike hoodies. The detective stated that this type of hoodie is common in the community.
Following up prosecutors questioned a homicide investigative analyst from the prosecution’s office.
According to the analyst, burner phones are prepaid phones that do not require a subscriber’s name or address. As part of his investigation, he looked at Rezene and Villatoro’s social media and cell phone records and extractions.
He also discussed various contacts between Rezene and Villatoro from Aug. 31, 2021 to Sept. 17, 2021. The individuals kept in touch often, whether through phone calls or social media direct messages. “I just called u bro call me I need free jawn,” said one message from Rezene to Villatoro on Sept. 5, 2021.
The contact continued until Sept. 13 but resumed on Sept. 17, when Rezene called Villatoro in a phone call that lasted more than one minute.
The witness testified that, during the time, Rezene was using two phone numbers, the one used to contact Villatoro, and another number.
According to the analyst, on Sept. 18, Rezene and Villatoro, as well as some of his friends who testified during this trial, were in contact with one another throughout the day. One of Villatoro’s friend texted him hours before the shooting “do I bring the shells for chico or naw,” to which Villatoro replied “yea.”
Moments later, Rezene’s phone number called Villatoro’s, and was sent to voicemail, which prompted Rezene to text Villatoro saying, “got them yerks call me for they gone”.
Various contacts were made between the group of individuals, leading up to 9:12 p.m., when shots were fired. Following the shots, several of Villatoro’s friends tried reaching his phone, but their calls were ignored.
Villatoro’s friends got in contact with his brother, who called Rezene’s Instagram account twice, once through phone call and once through video call. Both calls were alleged to last more than one minute.
Villatoro’s friends and family continued trying to call him until right before 11 p.m. According to the witness, the last contact made on Rezene’s phone number was the night of the murder before midnight, and has not been connected since.
During cross examination, Zucker questioned the analyst about burner phone capabilities. According to the witness, he couldn’t tell if Rezene’s phone was a burner, nor if, had it been a burner, would he have had access to his Instagram account, stating that for a burner phone to be able to connect to social media it has to be a smart phone, and there’s no way of knowing what type of device Rezene’s phone was.
Following the analyst’s testimony, the prosecution rested their case.
Zucker called one of Rezene’s life-long friends to testify. According to the witness, he grew up in the District and was friends with Rezene during that time. They would hang out near Brightwood Elementary School, where they were both students.
According to the witness, his house became the hangout spot once the people in their group began to move out of the neighborhood, but he stopped seeing them as often because he moved away for college, and when he returned he went straight to working full-time.
During cross examination, the prosecution questioned the witness about their neighborhood, which is in the surrounding area where the murder took place. According to the witness, they knew the neighborhood well, and are aware of the alleys in the neighborhood, but would not personally hang out in those areas.
Following the witness’ testimony, the defense rested their case.
Parties are expected to return Jan. 2 for closing arguments.
