On Dec. 6, opening statements and witness testimony were given in a homicide trial before DC Superior Court Judge Robert Okun.
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 the 1300 block of Nicholson Street, NW.
“If you follow the phone, and follow the shoes, you’ll find the defendant, Mussye Rezene,” said prosecutors in their opening statements.
Prosecutors explained that on the day of the incident, Villatoro was going to a party with a few friends in Maryland but stopped to meet an individual named “Moose,” for a drug transaction. Prosecutors claimed “Moose” is Rezene’s known nickname.
Prosecutors showed the jury a series of messages sent on Instagram between Rezene and Villatoro, and argued that during the initial investigation, Rezene was a possible suspect because they had discussed doing a drug deal in the messages.
Prosecutors displayed surveillance footage from the incident location, which they argue shows Villatoro arriving in a Black Dodge Grand Caravan, getting out of the car, and waiting for Rezene.
According to prosecutors,one of Villatoro’s friends, who was in the vehicle, asked him if he wanted companyl, but he declined the offer.
In the footage, an individual, identified as Rezene by prosecutors, is seen pulling up in a blue Chrysler, stopping a few feet away from Villatoro’s vehicle, driving off and circling the block, and parking next to Villatoro’s car.
As they played the footage, prosecutors told the jury to look and take note of the individual, identified as Rezene’s, black shoes with white shoelaces as he got out of his car and walked with Villatoro into a nearby alleyway.
“They could’ve done the drug deal right there in front of the street but the defendant led him into an alleyway, and 30 seconds after they walked away from their cars Brayan was dead,” prosecutors told the jury.
Prosecutors argued Villatoro’s letting Rezene lead him to the alleyway showed the trust that they had built up leading up to the incident.
The prosecution then showed additional footage when Rezene and Villatoro entered the alleyway. Prosecutors said that part of the surveillance footage in the alleyway is obstructed by a large tree, but muzzle flashes can be seen and audio of eight gunshots was recorded.
The video then shows Rezene running from the alleyway following the gunshots, getting into his vehicle and fleeing .
According to prosecutors, 15 minutes after Villatoro went into the alleyway, his friends started calling his phone repeatedly trying to figure out where he was and if he was okay. His friends allege they didn’t hear any gunshots.
The prosecution said one of his friends then called Villatoro’s older brother who then called Rezene. The prosecution didn’t mention how his older brother originally knew Rezene or provided any details of how they met.
According to prosecutors, when Villatoro’s older brother called Rezene, Rezene answered and said “What’s up soldier?” and then immediately hung up on him with no explanation.
“That sounds like someone that does not want to talk,” prosecutors said when they discussed what happened during the brief call that Villatoro’s brother had with Rezene.
Prosecutors claimed that six hours after the murder, Rezene posted a photo on his Instagram account wearing the same shoes with the same white laces that were seen on the suspect.
According to court documents, the post had music with it, the song in it was “Murder” by the rapper Rylo Rodriguez and had the word “buckets” with an emoji of a basketball player next to it.
Additionally, prosecutors told the jury that when the police executed a search warrant of Rezene’s home, they found the same shoes with the white laces.
Prosecutors closed out their statement by asking the jury to find Rezene guilty of all charges.
Jonathan Zucker, Rezene’s defense attorney, said that the prosecution lacks evidence to prove that Rezene shot Villatoro.
“In this case, you will see stuff that is not contested, such as the fact that shots were fired,” Zucker said. “But, there is no proof that the same man that shot Brayan is Rezene.”
According to Zucker, Rezene had no hostility towards Villatoro leading up to the shooting.
Zucker notes that at one point, Rezene said in a text message to Villatoro before the murder, “I love our hood” to which Villatoro replied, “on God.”
According to court documents, “Villatoro was a validated member of the Hispanic gang Street Thug Criminal (STC) which operated in the surrounding area of the 1300 block of Peabody Street, NW.”
Zucker said there is “only evidence of friendship and there is also an element of business that Rezene and Villatoro’s relationship had to it.”
According to Zucker, the eight shell casings recovered at the crime scene did not have Rezene’s DNA on them. He also argued that, although a cell tower pinged his phone near the location, “it does not mean he was necessarily there. Someone else could have been.”
In closing his statement, Zucker said, “[the prosecutor] has direct evidence that Rezene went to meet Brayan, but they have no evidence that Rezene was the shooter.”
The trial is slated to resume Dec. 11.
