Defendant’s Mental Issues Cause Major Delay in Fatal Stabbing Case

On Feb. 16, parties agreed to a 90 day delay in a homicide defendant’s case before DC Superior Court Judge Marisa Demeo, due to his health issues.

Steven Schwartz, 85, is charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of his 81-year-old wife, Sharron Hilda Schwartz. The incident occurred in their residence on Dec. 10, 2023, on the 1300 block of Corcoran Street, NW.

Schwartz’s defense attorneys, Kobie Flowers and Jacqueline Cadman, informed the court that Schwartz remains unable to speak coherently, emphasizing that no mental health evaluation has been completed.

Judge Demeo found no substantial progress in Schwartzs’ condition and suggested a 90 day delay. However, she noted that if there was an improvement in Schwartzs’ condition then a hearing could be scheduled earlier.

Both parties were unopposed to the suggestion.

Parties are slated to return May 24.

‘You Have Robbed Me of My First Born Son,’ Said Victim’s Mother at Sentencing

On Feb. 16, before DC Superior Court Judge Marisa Demeo, a defendant was sentenced to 12 years in prison with a mandatory five year minimum for his involvement in a homicide.

Jamaarr Morgan, 23, was originally charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business, for his involvement in the shooting death of Jacques Benjamin Russ, 44, on Dec. 14, 2021, on the unit block of 61st Street, NE.

On July 12, 2023, Morgan accepted a plea extended by prosecutors, which required he plead guilty to one count of voluntary manslaughter while armed, in exchange for a dismissal of all other charges. The parties agreed to follow the DC Voluntary Sentencing Guidelines on the count, which is a sentencing range of seven-and-a-half to 15 years due to Morgan’s lack of criminal history.

During the sentencing, the prosecution presented a written statement by Russ’ mother on how the fatal shooting of her son had impacted her.

“You have robbed me of my first born son,” said the statement, adding that Russ’ mother cannot help but cry when she thinks of how her son, who was blind, died in the street alone.

Morgan’s defense attorney, Dana Page, argued for Morgan to be sentenced under the Youth Rehabilitation Act (YRA), which allows youth offenders’ cases to be virtually sealed if they successfully complete all sentencing requirements.

Page emphasized Morgan’s history of mental illness, adding that he has been a victim of a stabbing and two shootings. She argued that he acted in self defense when shooting Russ.

The prosecution argued against this, citing the evidence significantly undermining the claim he acted in self defense.

The prosecution noted that Morgan was suspended from every school that he attended, had a history of repetitive lying, and committed the offense in spite of strong family support.

Judge Demeo questioned Morgan’s capacity to be rehabilitated, doubting that the work that was done on Morgan’s part would lead to prevention of other offenses.

The judge ultimately decided against sentencing Morgan under YRA guidelines, and imposed 12 years incarceration and five years of supervised release.

In addition, Judge Demeo required Morgan to participate in a program to improve his mental illness and register as a gun offender for two years following his release.

No further dates were set.

‘How Can Someone Walk up to Somebody, and Shoot Them Over a Cigarette?’ Says Judge During Sentencing

On Feb. 16, DC Superior Courthouse Judge Erik Christian sentenced a defendant to twelve years imprisonment for his involvement in a non-fatal shooting stemming from a petty dispute over a cigarette.

Ryan Parker , 24, was originally charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business, for his involvement in a shooting on March 6, 2023, on the 3900 block of Minnesota Avenue, NE, that left one individual suffering from non-life threatening injuries.

On Aug. 8, 2023, the defendant accepted a global agreement extended by prosecutors, which required he plead guilty to aggravated assault while armed and carrying a pistol without a license outside a home or business, in exchange for a dismissal of a domestic violence and misdemeanor case, as well as the prosecution not seeking charges in connection to an armed carjacking.

Parker’s defense counsel, John Machado, stated multiple times that his client was experiencing mental and substance abuse issues at the time of the crime, and that he does not have a “score” for criminal history.

He spoke of his client’s time spent in St. Elizabeths Hospital, getting the mental health treatment he needs to ensure his life can proceed normally upon completion of his sentence. Machado also requested that Parker be charged under the Youth Rehabilitation Act (YRA), which allows for youth offenders’ convictions to be virtually sealed after successfully completing their sentencing requirements.

Machado requested Parker be sentenced to five years of incarceration.

Prior to his guilty plea, Parker was charged or being investigated in connection to six other crimes.

According to the prosecutor, Parker has “disturbing warrants” in the state of Maryland, without further elaboration, and proceeded to show multiple security camera angles of the shooting.

Parker himself apologized to the victim, stating that he was not in his right mind at the time, and reminded Judge Christian that he did not actually harm anybody, but simply “shot in the general direction” of the victim.

After hearing both parties, Judge Christian described the defendant’s actions as unfathomable, specifying “How can someone walk up to somebody, and shoot them over a cigarette?”.

Judge Christian sentenced Parker to 10 years for the aggravated assault while armed charge, and 24 months for the carrying charge.

Parker’s sentencing will run consecutively, after which he will serve five years of supervised release.

No future hearing dates are scheduled at this time.

Homicide Defendant Guilty of All Charges

On Feb. 15, a homicide defendant was found guilty of all charges before DC Superior Court Judge Michael O’Keefe.

Terrell Poe, 37, was charged with first-degree murder while armed, possession of a firearm during a crime of violence, and possession of a firearm by a prior convict, for his involvement in the fatal shooting of 30-year-old Christopher Washington on Sept. 23, 2020, on the 400 block of Southern Avenue, SE.

“The more time you spend thinking about the man who lost his life, the less you think about the man who took it,” said the prosecution during closing statements.

Throughout the trial, the prosecution provided the jury with evidence they believed could prove beyond a reasonable doubt that Poe committed the crime. The information included DNA, surveillance footage before, during, and after the incident, and multiple eyewitness testimonies of individuals who saw Poe driving a vehicle leading up to the murder.

Prosecutors presented surveillance footage of Poe allegedly stumbling while getting into a white truck after dropping a phone at the scene of the crime. The phone, which was collected by the Metropolitan Police Department (MPD), belonged to Poe and proved by comparing an iCloud account, Poe’s phone number, DNA, and photos of the defendant in an album on the phone. The phone also had photos of a gun that allegedly matches the bullet fragments found in Washington’s autopsy.

During the trial, Poe’s defense attorney, Marnitta King, highlighted that there were many inconsistencies in witness accounts. According to King, an eyewitness to the crime pointed out Poe in a suspect lineup, but the image did not match the descriptions of the shooter.

King also mentioned that there was no evidence that Poe had his phone at the time of the shooting, contradicting what the prosecution stated previously. Nine days after Poe’s arrest, a different phone was confiscated from him. The prosecution did not present any evidence regarding the other phone, which King questioned.

Throughout the trial, tensions were high, including when an eyewitness was testifying and an unidentified individual in the courtroom made apparently threatening gestures towards the person. As a result, multiple jurors, and the witness, voiced their concern for their safety.

Following a day-and-a-half long deliberations, the jury of 12 found Poe guilty of all charges in connection to the murder of Washington.

A sentencing was scheduled for April 19.

Double Homicide Defendant Accused of Jail Stabbing

At a status hearing on Feb. 16, DC Superior Court Judge Maribeth Raffinan discussed another offense a homicide defendant faces resulting from his incarceration.

Antoine Turner, 30, is charged with two counts of first-degree murder while armed for his alleged involvement in the deaths of Demeitri Anderson, 23, and Demetrius Benson, 34.

On Nov. 3, 2020, Turner allegedly shot Benson on the 3900 block of Minnesota Avenue, NE. He was later found on the 4500 block of Dix Street, NE. Then, on Nov. 29, 2020, Turner allegedly shot and killed Anderson on the 4500 block of Benning Road, SE.

During the status hearing Judge Raffinan said Turner is additionally charged with assault with a dangerous weapon for his alleged involvement in a stabbing.

According to court documents, Turner allegedly stabbed an individual at the DC Jail as he awaited further proceedings. The incident occurred on Jan. 1.

The next status hearing has been set for June 14.

Shooting Defendant Acquitted of All Charges

On Feb. 15, a non-fatal shooting defendant was acquitted of all charges in front of DC Superior Court Lynn Leibovitz.

Jose Zuniga, 28, was charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and simple assault, for his alleged involvement in a non-fatal shooting incident which occurred on Nov. 11, 2023, at a shelter on the 400 block of 2nd Street, NW. There were no injuries reported.

Throughout the trial, prosecutors attempted to prove Zuniga’s guilt by having eyewitnesses, including the victim, testify, with some identifying Zuniga as the shooter. They also presented various clips of surveillance footage from the shelter, including footage depicting an individual identified as Zuniga running across the lobby after shots were fired.

However, one of the eyewitnesses stated that Zuniga was not the shooter, adding that the individual responsible for the shooting had been wearing a white puffer coat on the day of the incident. In the footage, Zuniga is seen wearing a white hoodie with images of Mickey Mouse on it.

In an attempt to prove his innocence, Joseph Molina, Zuniga’s defense attorney, called him to testify. During his testimony, Zuniga stated that when the altercation began, he attempted to leave the location, but was challenged to a fight by the victim and his brother. He added that he and the victim got into a “struggle” in the hallway, before he was able to escape and seek help.

While Zuniga admitted to threatening the victim’s brother with a drill, he ran from the second altercation when he saw a knife in the hand of the victim’s brother. According to Zuniga, he heard the first gunshot as he was running to hide.

Zuniga claims the weapon was fired by an individual in a white puffer coat known as “El Mecanico,” who he saw during the second and third shot. Zuniga claims the video of him running across the shelter lobby was him “escaping.”

Following a day of deliberations, the jury acquitted Zuniga of all charges, and he was released from jail.

No further dates were set.

Defendant in Road Rage Shooting Pleads Not Guilty

On Feb. 16, a non-fatal shooting defendant was arraigned before DC Superior Court Judge Robert Salerno.

Marquez Beasley, 31, is charged with two counts of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, and assault with a dangerous weapon, for his alleged involvement in a non-fatal shooting, which allegedly stemmed from road age, on the 900 block of Division Avenue, NE, on Aug. 16, 2023, resulting in three injuries.

According to court documents, the Metropolitan Police Department (MPD) responded to multiple gunshots after a dispute stemming from a car accident involving Beasley. Allegedly, he shot at two individuals trying to exchange information, with a third victim being a bystander.

At the hearing, Beasley’s defense attorney alerted the court he is pleading not guilty to all charges, and asserted his constitutional rights, including a speedy trial.

All parties agreed. Further hearings will be under the jurisdiction of DC Superior Court Judge Anthony Epstein.

The next hearing is scheduled for Feb. 28.

Judge Grants Second Continuance For Non-Fatal Shooting Case

On Feb. 15, DC Superior Court Judge Heidi Pasichow granted a non-fatal shooting defendant’s request to delay his trial.

Dakia Thomas, 43, is charged with four counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, unlawful possession of ammunition, and possession of an unregistered firearm, for her alleged involvement in shooting at a vehicle on the 3500 block of Albert Irvin Cassell Place, NE, on Dec. 16, 2021. There were no injuries reported.

According to court documents, on the day of the incident, the victims told the Metropolitan Police (MPD) that Thomas left her residence in Albert Cassell Place and allegedly shot at them while they were inside their vehicle.

Following the shooting, officers went to Thomas’s residence but she told them that she couldn’t breathe.

Eventually, Thomas did open the door and one of the victims sitting in an MPD Police car, allegedly identified Thomas as the shooter yelling, “That’s the lady right there!” and “That’s her a*s!”

On Feb. 15, Thomas’ jury trial was continued after a motion from her defense attorney Brandon Burrell because of a continuing investigation.

Prosecution had no objections to the motion.

The judge granted the motion, but requested Pretrial Services Agency (PSA) perform drug and mental health evaluations for Thomas and that results be sent to court as soon as possible.

A PSA representative affirmed that drug testing would be done immediately and that results of a mental health assessment would be sent to the court before the new trial date.

According to court documents, Thomas’s previous trial date was continued due to a cancer diagnosis, including potential chemotherapy.

This is the second continuance for Thomas’ case.

The new trial date has been set to Feb. 20.

Judge Finds Probable Cause in Preliminary Hearing

On Feb. 15, DC Superior Court Judge Eric Glover found probable cause for a non-fatal shooting case.

Raymond Robinson, 42, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence, for his alleged involvement in a non-fatal shooting incident that occurred on Feb. 10, on the 1800 block of Alabama Avenue, SE.

According to Metropolitan Police Department (MPD) documents, the suspect and the victim were inside a home at the location. The suspect brandished a handgun and allegedly shot the victim. The victim was transported to a local hospital for treatment of non-life-threatening injuries. Robinson was arrested at the scene without issue.

The prosecution brought forth a police officer from MPD to testify. The officer read through his affidavit which was adopted as part of his testimony.

Robinson’s attorney, Gregg Baron, informed the court how, according to the police account, Robinson shot the victim as an act of self defense, because the victim pulled a knife on Robinson, which led to the shooting. However, the victim denies having any altercation with Robinson prior to the shooting.

According to the officer, the victim told the detective that he did not know Robinson. However, an eyewitness told MPD that the victim and Robinson were friends.

After the incident, officers searched Robinson’s vehicle. A K-9 unit responded with a dog trained in the detection of firearms. The officer’s testimony confirmed that a “positive hit from the canine” proved there had previously been a firearm in the vehicle, however, no firearm was recovered from the vehicle.

Baron asked the court to not find probable cause due to the victim’s misleading statements to investigators about knowing the defendant prior to the incident which undermine the victim’s credibility.

However, the court found probable cause, citing the police report which stated officers seeing the defendant squatting over the victim, and the victim yelling “he shot me” upon arriving at the scene.

Robinson will remain held in DC Jail as he awaits further proceedings.

Parties will reconvene March 28.

Shooting Defendant Accepts Plea Deal

On Feb 15, a non-fatal shooting defendant accepted a plea deal extended by prosecutors in front of DC Superior Court Judge Michael Ryan.

James Jackson, 35, was originally charged with assault with a dangerous weapon for his involvement in a non-fatal shooting that occurred on Oct. 6, 2023, on the 4700 block of Benning Road, SE. The defendant allegedly shot at two individuals, including Jackson’s ex-girlfriend, although no injuries were reported.

During the hearing, Jackson’s defense attorney, Damon Catacalos, alerted the court his client had agreed to go into a plea deal with the prosecution. According to Catacalos, the deal required Jackson to plead guilty to one count of assault with a dangerous weapon and one count of carrying a weapon without a license, in exchange for the prosecution not seeking an indictment.

Through the deal, parties agreed to a sentence of 10 years for the assault with a dangerous weapon charge, and five years for the carrying charge.

The prosecution asserted that, had the case gone to trial, they would have proven beyond a reasonable doubt that Jackson pointed a gun at both individuals, and shot, damaging a glass screen door, with the intent to cause harm to the individuals. They argued that Jackson carried the firearm willingly, and acted voluntarily.

Catacalos requested Jackson be released under the supervision of the Pretrial Service Agency (PSA) until his sentencing date. He pointed out Jackson’s limited criminal history, suggesting that he would not pose a danger to the community if released.

However, Judge Ryan denied the request, citing Jackson’s involvement in highly dangerous behavior. “What this gentleman admitted to me is that he drove to the individuals’ residence and shot at them as they tried to escape. That is very dangerous behavior, and I believe he should remain in detention,” Judge Ryan stated.

Sentencing is scheduled for April 19.

Judge Finds Probable Cause in Vehicular Homicide Case

On Feb.14, D.C Superior Court Judge Robert Okun found probable cause in a vehicular homicide case from 2023.

Andre Johnson, 30, is charged with second-degree murder for his alleged involvement in the death of 19-year-old Madison Jones on June 8, 2023, at the intersection of 11th Street and Pennsylvania Avenue, SE.

According to Metropolitan Police Department (MPD) documents, the investigation revealed that a 2005 Ford Focus entered an intersection with a green signal light, at the same time that a 2017 Mercedes C300, traveling eastbound, entered the intersection with a red signal light.

The Mercedes struck the driver’s side of the Ford, causing an adult female rear seat passenger on the driver’s side of the Ford to be ejected. The two occupants of the Mercedes fled the scene on foot.

During the hearing, the prosecution called on the lead detective who is part of MPD’s Major Crash Division Unit.. The detective discussed surveillance footage, police reports, and pre-crash data gathered from the Mercedes.

Video evidence presented showcases a crash happening at the above location, with a suspect fleeing on foot. A second set of video footage showed a man, alleged to be Johnson, speaking on the phone after leaving the car at the intersection.

Pre-crash data, which showed the speed of the car before and during the accident, was presented to speak to the alleged actions of the defendant.

The defense raised numerous objections, the first centered around the investigation process. The defense questioned the officer about allegations that Johnson was intoxicated during the incident. These claims stem from a tip given to MPD from a member of Johnson’s family that he “was drinking earlier in the day.”

Additional arguments were raised in relation to pre-crash data retrieved from the car. The detective was asked to explain the connection of the data to the defendant’s actions, which he was not able to do.

The defense lawyer, Kevann Gardner, labeled claims arising from the data as ”total nonsense”.

The prosecution’s arguments for probable cause rested on the alleged high-speed of Johnson’s car during the incident, which they argued showed “disregard for surroundings.” The defense rebutted, positing that the prosecution has not explained the evidence. They also stated that certain pieces of evidence, such as witnesses, are not reliable.

Upon hearing both arguments, the judge granted probable cause in this matter. However, he stated that the evidence presented “does not meet [the standard of evidence] beyond a reasonable doubt.”

The judge chose to continue detention for Johnson, stating that he “could not guarantee his appearance” given a previous history of bench warrants. The victim’s mother was also present at the hearing, and argued for his detention.

The next hearing is set for April 19.

Victim’s Identification Questioned in Non-Fatal Shooting Case

On Feb 15, the validity of allegations made by a victim in a non-fatal shooting were questioned before DC Superior Court Judge Michael O’Keefe.

Jamal Coleman, 31, is charged with assault with intent to kill while armed and aggravated assault knowingly while armed, for his alleged involvement in a non-fatal shooting that occurred on May 4, 2023, on the 4600 block of Polk Street, NE. No injuries were reported.

According to Metropolitan Police Department (MPD) documents, Coleman drove a black Chevy sedan westbound on the 4600 block of Polk Street to the intersection of Polk and Olive Street, NE.

Surveillance footage shows the vehicle making a U-turn, slowing down as it approaches the victim, and opening the front passenger window. The victim is seen ducking down, and running away when shots were fired from the car.

The prosecution referred to the victim’s grand jury testimony, where he claimed that he saw Coleman with weapons before the incident.

Coleman’s defense attorneys, Elizabeth Weller and Carrie Weletz, argued that there is no proof that he had any weapons before the incident.

Weletz claimed that the grand jury transcript was confusing and not a good depiction of what actually happened the day of the incident.

The prosecution stated that the victim saw Coleman on the driver’s side of the black Chevy with an unidentified individual in the passenger side. The passenger is alleged to be the shooter, yet the victim can’t exactly describe the passenger.

The prosecution claimed that Coleman had intentions of committing the drive-by shooting, and knew that the passenger was going to fire.

Weletz stated that there is no proof that Coleman had any intentions of committing the shooting and had no idea that the passenger was going to shoot.

The defense asked Judge O’Keefe if Coleman can be put on home confinement, explaining that he has a very limited criminal history.

The prosecution objected to Coleman’s release to home confinement due to the fact that he is being charged with very serious allegations.

The judge will make a ruling from his chambers, and no future dates were set.

Judge Approves Enhancement Request for Sentencing in Fatal Shooting Case

On Feb. 15, parties reconvened in DC Superior Court Judge Marisa Demeo’s courtroom post-verdict in a fatal shooting case.

Delonta Stevenson, 28, was convicted of conspiracy, first-degree murder while armed, three counts of possession of a firearm during a crime of violence, two counts of assault with intent to kill while armed, and two counts of unlawful possession of a firearm with a prior conviction, for his involvement in a fatal shooting of 32-year-old Terrence Allen.

The incident occurred on Jan. 18, 2021, on the 3000 block of Stanton Road, SE, and seriously injured two other victims.

On Feb. 1, Stevenson was found guilty of all charges, and reportedly caused a disruption at the verdict demanding to be dismissed from the courtroom.

Stevenson’s nephew, 25-year-old Vorreze Thomas, was charged as a co-defendant in this case and was found guilty on all charges alongside Stevenson but was not present.

During the hearing, the prosecution motioned for Judge Demeo to add an enhancement of charges for sentencing. They based this on the fact that Stevenson was on release for another case at the time of the shooting.

Stevenson’s defense attorneys, Elizabeth Weller and Stephen LoGerfo, opposed this, citing that the other case was dismissed and should not be considered.

Judge Demeo ruled that the enhancement was applicable on Stevenson’s two charges of possession of a firearm with a prior conviction, regardless whether the case was dismissed.

All parties are slated to return April 19 for sentencing.

Judge Holds Homicide Defendant During Presentments

On Feb. 14, DC Superior Court Judge Renee Raymond decided to hold a homicide defendant during a presentment hearing.

Robert Straughter, 26, is charged with second-degree murder while armed for his alleged involvement in the murder of 24-year-old Tyejuan Harkum on the 2600 block of Naylor Road, SE, on Dec. 6, 2023.

According to court documents, Harkum was followed by a vehicle, allegedly driven by Straughter and occupied by two other individuals, from a take-out place. As Harkum exited the restaurant, the passengers in the vehicle shot him, before getting back in the getaway car, which was allegedly a stolen vehicle.

Judge Raymond found there was enough evidence to determine probable cause that Straughter was the driver, and decided to hold him until his preliminary hearing.

Straughter will remain detained as he awaits further proceedings.
A preliminary hearing is set for March 14, in front of DC Superior Court Judge Robert Okun.

Case Acquitted: Defendant Takes the Stand in 2023 Non-Fatal Shooting Case Before Closings

Jose Zuniga was acquitted of all charges on Feb. 15, 2024.

On Feb. 14, parties completed a detective’s cross examination and the defendant testified in a non-fatal shooting trial before DC Superior Court Judge Lynn Leibovitz.

Jose Zuniga, 28, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and simple assault, for his alleged involvement in a non-fatal shooting incident which occurred on Nov. 11, 2023, at a shelter on the 400 block of 2nd Street, NW. There were no injuries reported.

According to Metropolitan Police Department (MPD) documents, two men were involved in an argument while inside a shelter. During the argument, the suspect shot at the victim and fled the scene.

The prosecution questioned an MPD detective who was at the scene 10 minutes after the shooting and took photos of the defendant the same day of the attack. They allegedly show that Zuniga was wearing the same clothes in the photos as in video surveillance of the shelter immediately following the shooting.

According to the detective, he utilized an MPD phone to record surveillance video of the shelter. In the footage, Zuniga is allegedly seen in a Mickey Mouse shirt running across the lobby following the shooting. The detective testified that he showed the footage to the victim and his brother.

In cross examination, Joseph Molina, Zuniga’s defense attorney, asked about the initial description of the shooter that MPD officers were told to check. Molina asked how it went from a Latino male with a white jacket, neck tattoo, and gloves to MPD officers arresting Zuniga, who did not match the description.

The detective responded that MPD had received calls from shelter staff claiming the shooter had come back to the shelter and that the victim had identified Zuniga by a photo.

According to the detective, he took Zuniga into custody when MPD responded to the shelter’s staff’s call. Molina also asked the detective if Zuniga had gloves in any video surveillance of the shelter, and the detective responded no.

Following the detective’s testimony, Molina motioned for acquittal, citing contradictory testimony from the prosecution’s witnesses.

Judge Leibovitz stated that the victim’s testimony was “unclear”, but that she “is constrained to send this to the jury.” The court denied the motion since the victim identified Zuniga as his assailant.

In an unexpected development, Zuniga decided to testify on his own behalf, thus opening himself to cross examination.

Zuniga said although he had acted aggressively in the initial interaction with thosw in the bathroom, he tried to leave because he “was scared of getting punched.”

According to Zuniga, as he attempted to leave, he was challenged to a fight “outside” by the victim. Zuniga accepted but as he was heading outside, he and the victim got into a “struggle” in the hallway allowing Zuniga to escape and seek help.

Zuniga claims the weapon was fired by an individual in a white puffer coat known as “El Mecanico,” who he saw during the second and third shot. Zuniga claims the phone video of him running across the shelter lobby was him “escaping.”

In cross examination of Zuniga, the prosecution asked him about the swarm of men following him to the shooting. Zuniga said he only told one friend to come with him, the rest followed because of rumors of a fight.

Toward the end of Zuniga’s cross examination, the prosecution asked him why he told the detective that he did not know who had the gun when he had just testified the opposite. Zuniga responded that he did not want to reveal El Mecanico’s identity at the time because he “never thought it [the incident] was this serious”.

During closing arguments, the prosecution said that the incident occurred because Zuniga “was denied access to a bathroom at the particular time he wanted to. Instead, he goes ballistic.” After exiting the building and returning with a crowd, the prosecution argues that it was Zuniga’s “extreme overreaction that ultimately motivates Zuniga to point the gun at [the victim] and pull the trigger.”

After hearing testimony from multiple witnesses, the prosecution requested the jury to focus on the victim’s testimony and identification of Zuniga, seen from a responding officer’s body-worn camera footage. The prosecution stated that the victim “knows the face of the person who assaulted him.”

Molina submitted that prosecution has not met the burden of proof beyond a reasonable doubt, due to contradictory testimony from witnesses. Molina stated that Zuniga had “consciousness of innocence” the day of the incident. That’s why Zuniga remained in the area after being denied access back into the building.

“A guilty man would run for the hills folks,” Molina said.

The jury is set to deliberate Feb. 15.

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