Judge Denies Motion to Release Juvenile Charged With Father’s Murder

On Nov. 16, DC Superior Court Judge Andrea Hertzfeld denied a juvenile defendant’s motion for release.

The juvenile is charged in connection to the death of his father, 41-year-old Travis Dash, on Nov. 12, on the 3100 block of 16th Street, NW.

According to a Metropolitan Police Department (MPD) press release, officers responded to the location to assist DC Fire and Emergency Medical Services (EMS) with the report of a man down inside a building. Upon arrival, officers located a victim suffering from puncture wound injuries, who succumbed at the scene.

The juvenile’s defense attorneys filed a motion for his release, stating that the Court’s Social Services original recommendation was for the individual to be placed in a shelter, but he has remained at the Youth Services Center (YSC) in the Department of Youth Rehabilitation Services (DYRS).

According to the boy’s attorneys, the juvenile’s cousin, who has worked as a police officer for decades, is willing to take him in and have him live with him outside of the District. They alerted the court that the cousin has been working and helping the family in the days following the incident.

The defense also argued the killing stemmed from a lifetime of domestic violence, and insisted the circumstances are extremely complex. They stated the juvenile has a lot of healing to do, and needs resources that are not available at YSC. They requested he be placed on GPS monitoring or 24-hour curfew.

According to the defense attorneys, Dash had a long history of domestic violence, an extensive criminal history, and was a known prolonged drug user.

A Social Services representative is currently recommending the child continue to be detained because they need to assess him psychologically, but are not arguing the juvenile be held indefinitely.

Prosecutors agreed with Social Services, stating they do not oppose a quick turnaround time, and their request and recommendations may change.

According to the juvenile’s attorneys, he is not receiving any resources and psychological support while he’s detained in YSC.

Judge Hertzfeld stated she understands the recommendations, and argued that on Nov. 13, a judge had found substantial probability that the juvenile had committed the offense, therefore continued detention is warranted.

A trial date was set for Jan. 2, 2024. Parties are expected back Nov. 30 to further discuss the juvenile’s release status.

Judge Finds Probable Cause in Homicide Case

On Nov. 16, DC Superior Court Judge Maribeth Raffinan found the prosecution established probable cause in a stabbing homicide.

Mussay Rezene, 30, is charged with first-degree murder while armed for his alleged involvement in the fatal stabbing of 30-year-old Darrow Johnson that occurred on Aug. 17 on the 1900 block of E Street, SE.

According to court documents, Darrow was stabbed on the left side of his head and abdomen inside D.C. Jail’s physical therapy treatment facility. He was transported to Washington Hospital Center, where he later succumbed to his injuries on Nov. 19.

The prosecution called a Metropolitan Police Department (MPD) lead detective, who identified Rezene as the suspect.

In addition, the prosecution provided surveillance footage of the physical therapy facility showing a group of inmates entering before an altercation broke out between two men. A zoomed in frame showed one inmate which the MPD detective identified as Rezene with a sharp knife in his hand. The officer testified that the same knife was later recovered in a toilet in the jail bathroom.

During cross-examination, defense attorney Jonathan Zucker asked the witness who started the fight. The witness acknowledged that the fight began out of view and that he could not confirm who started it.

According to the prosecution, probable cause is appropriate since there is video footage of the defendant attacking the victim and there is no evidence of aggression by the victim, “this isn’t even a close one.”

Zucker argued that there are still things that need to be examined in the case, “we don’t know who started the fight, we don’t know who brought the knife.” He urged the judge to “not ignore these unanswered questions.”

Judge Raffinan found that “all elements of first-degree murder have been met in regards to probable cause” due to the stabbing being shown on video and the knife being recovered after the stabbing. She stated, “[in the video] you can see the decedent backing away from the defendant and he still continues to approach and swing while armed with a knife.”

The judge also denied the defense’s request for release, stating there were no conditions that could “ensure the safety of the community.”

Parties are expected back Dec. 4.

Opening Statements Delivered in 2018 Homicide trial

On Nov.15, opening statements and witness testimony were presented in a homicide trial before DC Superior Court Judge Rainey Brandt.

Marquette Jordan, 32, is charged with second-degree murder while armed, assault, and carrying a dangerous weapon outside of a home or business with a prior felony for his alleged involvement in an April 30, 2018 stabbing homicide of 40-year-old Ivan Lynch on the 900 block of Fifth Street, SE.

According to prosecutors, Jordan yelled “B*tch, I’m gonna kill you too” to his girlfriend, right after he stabbed and killed Lynch.

The prosecution explained that on April 30, 2018, Lynch was celebrating his birthday at a cookout with several people, including Jordan. At the cookout, according to the prosecutors, there was a fight between Jordan and his girlfriend at the time, which began to turn physical. The prosecution claimed that in order to diffuse the fight, Lynch stepped in to intervene and defend Jordan’s girlfriend.

After intervening, according to the prosecution, Jordan shouted “you want a piece of this!” at Lynch, shifting his anger from his girlfriend onto Lynch. The prosecution then claimed that Jordan’s girlfriend will testify that after this encounter, she saw Jordan grab a butcher knife and stab Lynch multiple times.

The prosecution further explained that after Lynch had been stabbed, Jordan proceeded to threaten his girlfriend while still holding the knife. According to the prosecutors, after Jordan threatened her, his girlfriend grabbed a couch cushion to protect herself, and eventually ran out of the apartment. The prosecution exclaimed that after running out of the apartment, Jordan’s girlfriend hid under a car for several hours in fear of Jordan.

The prosecution also explained that due to running out of the apartment in great fear, Jordan’s girlfriend left her young children in the apartment, who had also been at the cookout that day. According to the prosecution, after searching Lynch’s body and taking items like his wallet, Jordan left the apartment, taking his girlfriend’s children with him.

According to the prosecutors, as police were arriving on the scene, Jordan hat he had multiple different stories to explain the blood on his clothing.

According to the prosecutors, following the murder, Jordan mailed Lynch’s wallet to his father with a return address to an elementary school that was in the area near the location of the stabbing.

In conclusion the prosecution said, “Ivan Lynch on April 30, 2018 should have been celebrating his birthday”, and claimed that instead that day will always mark his death.

During their opening, Jordan’s defense attorney, Camille Wagner, claimed that “this case is filled with inconsistencies”. She asked the jury to “render the only correct verdict of not guilty”. She said there are several different versions of what actually happened that night, and that witness testimony will prove it.

Wagner then referenced the fight between Jordan and Lynch, claiming that Lynch was significantly larger than Jordan. She argued that Lynch had Jordan “locked in”, and that Jordan was “rendered defenseless.”

She further argued the reason Jordan left with his girlfriend’s children, is because their mother had left them alone. She explained that Jordan was the individual acting normally after Lynch was stabbed, and that he had not left the apartment in any sort of panic.

Wagner explained that Lynch’s friend took ten minutes to call 911. Additionally, she said that when the police arrived, that friend was the only person that was still there, and that there were bounty paper towels and smeared blood next to Lynch’s body. She also claimed that Lynch’s friend was only cooperative with the police after he was threatened with an arrest. “Ask yourself why?” Wagner exclaimed.

Additionally, Wagner pointed out that no murder weapon was ever found. “You won’t see one. There isn’t one,” she said.

Wagner finished her opening statement by saying, “No one deserves this. But your job is to figure out who is responsible”. She closed saying, “I submit to you that the facts of this case, or lack thereof, will leave you with lots of doubt”.

The prosecution called a supervisor with the Office of Unified Communications (OUC) who said that there were two 911 calls that came in for this incident and one caller refused to give her name and stayed anonymous.

The prosecution also called an officer with the Metropolitan Police Department (MPD) who was the responding officer the night of the incident and testified that he saw Jordan leaving the apartment area with two children. He stated that Jordan was calmly walking away from the building and at that time he had no reason to suspect him.

However, officer stated that after seeing Lynch’s bod lying on the ground with no sign of life and talking with Lynch’s friend a family member of Lynch who was also in the apartment, he sent out a description of Jordan who was stopped a half a block away for questioning.

Trial is set to resume Nov. 16 to continue witness testimony.

Acquitted: Judge Denies Motion to Suppress Witness Identification

Editor’s note: On May 30, a jury acquitted Devonte Brothers of all charges connected to the homicide of Deron Leake. Brothers is still being held on homicide charges in another case.

On Nov. 16, DC Superior Court Judge Anthony Epstein denied a motion to suppress the identification of a homicide defendant.

Devonte Brothers, 29, is charged with first-degree murder while armed and possession of a firearm during a crime of violence, among other charges, for his alleged involvement in the murder of 27-year-old Deron Leake on Oct. 17, 2019, on the 4200 block of 6th Street, SE. The incident also left one individual suffering from non-life threatening injuries.

Brothers’ defense counsel, Molly Bunke and Dominique Winters, filed a motion to suppress a witness’s identification of Brothers as a suspect. Bunke and Winters argued the photo identification process, as well as behavior from the detectives when performing the identification, was unjust.

Judge Epstein denied the motion, saying the photo array used to identify Brothers was not unduly suggestive. He explained that the procedure was done using a double-blind method meaning the person administering the test didn’t know the identify of the suspect so the officer couldn’t prompt the witness.

Judge Epstein said the defense objections go more towards weight of the evidence and not its permissibility overall. The judge said the prosecution had produced evidence the identification from the witness was reliable.

The parties are expected back to begin trial on Nov. 27.

Shooting Defendant’s Motion to Withdraw Guilty Plea Unsuccessful

On Nov. 16, defendant Tyrone Hawkins’ motion to withdraw his plea was denied by Judge Michael O’Keefe.

Hawkins, 22, is accused of 14 charges, including assault with a deadly weapon, assault with intent to kill, and possession of a firearm during a crime of violence, for his involvement in a non-fatal shooting that occurred on Sept. 23, 2021, at the 400 block of Valley Avenue, SE. One person sustained non-life threatening injuries.

On Sept. 22, Hawkins accepted a deal which required him to plead guilty to assault with intent to kill and possession of a firearm during a crime of violence in exchange for dropping the rest of the charges.

On Nov. 13, Hawkins filed a motion to withdraw his plea. Hawkins claimed he didn’t fully understand the plea, saying that attorney Gemma Stevens did not adequately explain it to him.

“She gave me the plea ten minutes before I walked in here. They read it to me one time,” Hawkins said.

Judge O’Keefe reminded Hawkins that before he took the plea, Hawkins was granted a break to better understand the plea after he complained about being uninformed. When the hearing resumed, Judge O’Keefe asked if he understood the plea, to which Hawkins replied that he did.

Hawkins argued that he wanted a better plea, but Stevens was unable to provide that. “No defense attorney can provide the defendant a plea offer the government is not willing to agree to,” the prosecution said. Stevens is Hawkins’ third attorney.

Prosecutors argued that the plea agreement had been offered when his previous attorney was still in place.

Hawkins also complained about being unable to access documents related to his case, saying “I’ve been locked up two years, and I don’t have nothing but an affidavit.” According to the prosecution, Stevens had requested that he have access to court documents, but the prosecutors denied the request due to a stay-away order that was in place.

Stevens also filed a motion to withdraw from the case, citing a “fundamental lack of trust between him and me”. Hawkins agreed and requested a new attorney, saying he didn’t want an attorney that he didn’t believe wanted to help him.

Judge O’Keefe hesitated to fulfill the request, saying that Hawkins had some of the best attorneys available and would be unable to get a better plea regardless of the attorney.

O’Keefe ultimately decided to grant Hawkins’ a new attorney, however, he did not accept the withdrawal of the plea, saying there was no legal basis for it.

Sentencing is set for Dec. 1, but will be continued if the new attorney does not have proper time to prepare.

Document: Man Arrested After Shooting in Northwest

The Metropolitan Police Department (MPD) announced a man has been arrested for a shooting that occurred on Nov. 13, on the 3100 block of 14th Street, NW.

According to MPD documents, the suspect shot two victims and fled the scene. Both victims were transported to a local hospital for treatment of non-life-threatening injuries.

On Nov. 15, 20-year-old Travone Henderson turned himself in. He was arrested and charged with assault with a dangerous weapon (gun).

Document: Second Victim Dies in NE Shooting

A critically injured man from a Nov. 12 shooting has died as detectives from the Metropolitan Police Department’s (MPD) Homicide Branch continue to investigate the incident, which occurred on the 1500 block of F Street, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located two men inside of a residence suffering from gunshot wound injuries. Leon Carter, 31, died at the scene, and Keith Lawrence, 43, was transported to a local hospital where he died on Nov. 14.

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

Homicide Defendant Asserts His Right to DNA Testing

On Nov 15, homicide defendant Aaron Murchison asserted his rights to independent DNA testing.

Murchison, 27, is charged with second-degree murder while armed, possession of a firearm, and unlawful possession of a firearm for his alleged involvement in the fatal shooting of 32-year-old Jamontate Brown on Oct 16, 2022, at the 2500 block of Pomeroy Road, SE.

According to the Metropolitan Police Department (MPD) documents, ShotSpotter notified officers of gunfire. The ShotSpotter system assists in locating gunfire throughout the District.

Upon arriving at the scene, MPD officers found Brown unconscious and not breathing on the sidewalk. He was pronounced dead at the scene.

According to court documents, there were 80 spent cartridge casings, four rounds of ammunition, and twenty-two fragments found on the scene. An autopsy revealed Brown had been struck with eleven gunshots. There was no evidence of close-range fire.

Court documents depict two groups shooting at each other, but those individuals have not been identified.

Surveillance footage from nearby cameras allegedly capture Murchinson in the area with a firearm before and after the shooting.

The prosecution stated they intend to do DNA testing and are in the process of getting a buccal swab of the inside of the defendant’s cheek completed.

The defense attorney, Kevann Gardner, told the court his client wants to do independent DNA testing and “will not waive his rights.”

DC Superior Court Judge Marisa Demeo reminded the parties to complete testing as soon as possible so the court stays on track for the June 5, 2024 trial date.

The parties are expected back on Feb 2.

Judge Finds Probable Cause In 2023 Stabbing Death and Denies Release

On Nov. 15, DC Superior Court Judge Marisa Demeo found the prosecution established probable cause in a stabbing homicide.

Stephen Herring, 23, is charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of 30-year-old Marcus Thurman at the 100 block of M Street, NE, on Aug. 22.

According to court documents, Thurman was stabbed once in the chest with a knife and transported to Washington Hospital Center, where he later succumbed to his injuries on Sept. 4.

The prosecution called the Metropolitan Police Department (MPD) lead detective, who had identified Herring as the suspect.

The detective explained a witness mentioned they thought another witness lived on the third floor. Upon arriving at an apartment on the third floor, the detective recalls the door being broken.

He looked through a hole in the door and allegedly saw Herring but could not enter since the door was barricaded. He was quite shocked seeing the suspect, saying, “I had no clue he was going to be there.”

According to the detective, he heard a noise after he knocked and presumed it was the defendant fleeing the apartment through the window to a courtyard area. Roughly 10 minutes later, an officer found Herring. The detective said Herring’s mood switched quickly from wild and aggressive to crying.

During cross-examination, defense attorney Joseph Yarbough asked the detective why the 911 caller was not recorded as a witness. The detective said the caller was a security guard who did not see the stabbing.

The defense questioned the prosecution’s witnesses’ credibility because he could benefit from the testimony,

According to the prosecution, the incident started as a verbal altercation, and allegedly, Herring went back inside and grabbed a ski mask and knife, stating it was a “well-thought-out job.”

The prosecutor added a comment, “You don’t bring a knife to a fistfight,” emphasizing how violent the altercation became.

Yarbough outlined alleged inconsistencies with witness statements, identifications, and gaps in the prosecution’s timeline. He further criticized the prosecution’s claim that Herring fled the apartment building after the stabbing, saying, “Nothing shows him coming back in the building…he never left; he was there the whole time.”

The defense then asked Judge Demeo to consider lowering the charge if probable cause was found to voluntary manslaughter based on “adequate provocation” ensuing a “heat of passion.”

Judge Demeo denied that request, stating “there is no mitigation” and the nature and circumstances of this case “constitute second-degree murder while armed with a knife.”

Both parties spoke about release status, with the prosecution stating the “troubling” aspects of this case and previous criminal history require detainment to keep the community safe and ensure Herring’s presence at future court dates.

Defense counsel Hannah Claudio provided the prosecution and Judge Demeo with character statements from community members and Rehabilitation Services supporting home confinement with GPS tracking. Claudio discussed her client’s “incredibly tough upbringing” and mental health challenges as factors for release.

The defense also noted none of her client’s prior offenses had been felonies or involved firearms.

Judge Demeo denied the request for release due to Herring’s history of assaults, including domestic violence charges, and revoked probation and bench warrants on multiple other cases.

Herring got emotional as the hearing presided, turning to his cousin to say “I love you, before being taken back jail.

The parties are expected back in court on Jan. 8, 2024.

2014 Homicide Defendant Found Guilty of Murdering His Ex-Girlfriend

On Nov.14, the jury delivered a guilty verdict before DC Superior Court Judge Michael O’Keefe following a 2014 homicide trial.

Marvin Lopez, 43, was charged with premeditated first-degree murder and possession of a firearm during a crime of violence, for his alleged involvement in the fatal shooting of 27-year-old Evelyn Arroyo on Dec. 24, 2014, on the 3900 block of 14th Street, NW.

After deliberating for a day, the jury delivered a guilty verdict for both charges against Lopez.

During trial, the prosecution relied heavily on cell phone records and witness testimony. They presented several messages between Lopez and Arroyo, showing multiple threats made by Lopez, such as “You’re going to die. I swear it” and “We’ll see each other soon”.

Prosecutors also presented witness testimony from multiple individuals that described the abusive nature of their relationship.

In their closing statement, the prosecution emphasized that Lopez swore that he would kill Arroyo multiple times, and that he finally got his wish, because he was the one who ultimately murdered her.

The defense highlighted the lack of physical or DNA evidence, and questioned the motives of witnesses describing Lopez and Arroyo’s domestic problems. They argued that, although the couple was in a toxic relationship, it does not automatically prove Lopez was the killer.

In the defense’s closing statement, Lopez’s attorney, Rachel McCoy, emphasized the prosecution’s burden of proof beyond a reasonable doubt, and insisted that they failed to do so.

McCoy rested her case by stating “One reasonable doubt and you must acquit,” and there are several in this case.

Following the verdict, Lopez’s defense counsel, Rachel McCoy and Justin Okezie, withdrew from the case for undisclosed reasons.

A sentencing was scheduled for Jan. 26.

Judge Finds Probable Cause in Homicide Case

On Nov. 14, DC Superior Court Judge Marisa Demeo found the prosecution established probable cause in a homicide case.

Damion Brown, 24, is charged with second-degree murder while armed for his alleged involvement in the shooting of 21-year-old Jordan Coates on the 1200 block of Duncan Place, NE, on Sept. 9.

According to court documents, the Metropolitan Police Department (MPD) responded to an incident where they located Coates who suffered multiple gunshot wounds and was soon taken to Washington Hospital Center where she succumbed to her injuries.

During the hearing, Brown’s defense attorney, William Alley, resumed his cross-examination of an MPD detective involved in the homicide investigation.

The detective testified about three doorbell security footage clips, stating there was never a point in any of the clips where Brown was seen on camera pulling a gun on Coates.

He confirmed there was a 30-second gap in the footage before and after the shooting and there was no footage that recorded gunfire.

However, the detective told Alley that Brown was allegedly holding a handgun at the doorstep of a relative’s house mere feet away from the murder scene.

When asked about Coate’s behavior leading up to the shooting, the detective confirmed Coates, who was acquainted with Brown, had a history of showing up at Brown’s relative’s apartment unannounced, and that she had a history of mental health issues.

According to the detective, MPD received a call for a noise complaint at Duncan Place about two or three hours before the shooting.

The detective said that when officers arrived, they interviewed people living in the apartment complex but they couldn’t tell who filed the noise complaint.

In closing arguments, Alley said he wanted Judge Demeo to focus on the unsubstantiated 911 calls and Coates’ unfortunate mental health problems in finding whether or not there is probable cause.

Additionally, Alley asked Judge Demeo to consider the history of Coates’ alleged harassment and stalking before the shooting though he did not show any evidence of the complaints.

In conclusion, Alley said Brown had earned his high school diploma and has a mentor from high school who has helped him out, and he has worked a previous job in construction.

“He has shown that he won’t be a danger to the community,” Alley said.

In finding probable cause, Judge Demeo said Brown had allegedly committed this offense while on a GPS monitor.

She also said he has prior criminal convictions for possession of a controlled substance in an unrelated case, robbery while armed, kidnapping, and possession of a firearm in the current case.

Judge Demeo acknowledged Brown has a history of depression, PTSD, and other mental health issues, “there is no condition or set of conditions that would ensure the safety of the community”.

Parties are expected back on Jan. 25.

Document: Southeast Shooting Leaves Woman Dead

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a woman on Nov. 14 on the 1900 block of Minnesota Avenue, SE.

According to MPD documents, officers were flagged down at the location for the report of a shooting. Upon arrival, they located a woman with gunshot wound injuries. The woman was transported to a local hospital, where she succumbed to her injuries.

The victim has not been identified.

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

Document: Decedent Identified Southeast Shooting Leaves Man Dead

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that took place on Nov. 13 on the 400 block of Ridge Road, SE.

According to MPD documents, officers were responding to a report of the sounds of gunshots. They were flagged down and directed to the location, where they located an adult male shooting victim. He succumbed to his injuries at the scene.

The victim was identified as 52-year-old Marcus Little.

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

Defendant Waives DNA Testing Rights

On Nov. 13. a non-fatal shooting defendant waived his rights to independently test DNA evidence recovered from a crime scene.

Isaiah Smith, 27, is charged with aggravated assault while armed, possession of a firearm during a crime of violence, carrying a pistol without a license outside home or business, unlawful discharge of a firearm, possession of an unregistered firearm, four counts of unlawful possession of ammunition and tampering with physical evidence for his alleged involvement in a non-fatal shooting that took place on the 3500 block of 13th Street, SE on May 22, 2022.

According to court documents, Metropolitan Police Department(MPD) officers responded to a shooting at an apartment building and found a woman unconscious, unresponsive and suffering from a gunshot wound to the head. She was transported to a local hospital for treatment.

According to court documents, a witness who was in the apartment when the shooting took place alerted MPD that Smith was in the room with the victim and suddenly there was a loud bang. The witness went into the room and found the victim, however Smith was no longer there.

The prosecution said they tested DNA evidence from the scene of the crime, but did not elaborate on what the items were tested.

Smith is scheduled to appear in front of DC Superior Court Judge Andrea Hertzfeld on May 17, 2024, for a trial readiness hearing.

Acquitted: Parties Argue Two Motions After a Senior Officer and Former Detective Testify in a Homicide Case

Editor’s note: On May 30, 2024 a jury acquitted Devonte Brothers of all charges connected to the homicide of Deron Leake. Brothers is still being held on homicide charges in another case.

On Nov. 13, DC Superior Court Judge Anthony Epstein addressed two motions submitted by counsel and continued his rulings in a homicide case after the lead detective and a senior officer testified.

Davonte Brothers, 29, is charged with first-degree murder while armed and possession of a firearm during a crime of violence, among other charges, for his alleged involvement in the murder of 27-year-old Deron Leake on Oct. 17, 2019, on the 4200 block of 6th Street, SE. The incident also left one individual suffering from non-life threatening injuries.

During the hearing, the parties discussed two motions. The first was to suppress a statement of identification from a witness. The second was a motion in which the defense had to prove the detectives had “reckless disregard of the truth” in the creation of the warrants in this case.

In regard to the motion to suppress a statement of identification, the prosecution called a Metropolitan Police Department (MPD) senior officer to ask about the photo array he administered to a witness. The senior officer confirmed the prosecution’s argument that his role in the case was to administer a photo line up to the witness and that he was not involved in the further investigation of the case or knew who the suspect was.

Following the officer’s testimony, Brother’s defense attorney, Molly Bunke, called the lead detective from the case. She asked the former detective about his interview with a witness and the description of the shooter the witnesses gave. Bunke argued that the witness was told by a detective it would be “favorable to him if he knew information” because the witness had a pending charge at the time.

Due to the statements made by the detective, Bunke requested that photo identification be suppressed. She argued the witness had discrepancies in his different accounts of what the shooter’s height, facial hair, and appearance.

“Defense is asking you to speculate about their conversation in the car,” the prosecutor told Judge Epstein.

For the second motion, Brother’s defense attorney, Dominique Winters, argued “there is missing information here” in relation to the dates on the form that do not match when the arrays were supposedly shown to witnesses.

Winters argued that the mother of Leake texted the detective that Brothers “may have” been the shooter, but that the detective said in the warrant she had identified Brothers as the shooter.

Winters said the statement shouldn’t be allowed because of the “reckless disregard of the truth”.

The prosecution responded by saying that the detective “testified he made a mistake” in the warrant and that there was no deception or intent to do so.

Due to time constraints, Judge Epstein was unable to rule on the motions.

Judge Epstein is slated to give his ruling on the two motions on Nov 16.

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