Case Acquitted: Release Conditions Lowered for Woman Charged with Murder

Tierra Posey was acquitted of all charges on March 20, 2024.

A DC Superior Court judge agreed to lessen the pretrial release conditions of a woman charged with second-degree murder while armed during the most recent hearing for the 2020 case.

On the afternoon of Jan. 6, 2020, Metropolitan Police Department officers found 21-year-old Tia Carey suffering from a gunshot wound on the 3700 block of Minnesota Avenue, NE. She was later pronounced dead and Tierra Posey was arrested that same day.

In September 2020, a judge agreed to release the 24-year-old defendant to a halfway house. Given Posey’s history of following court orders when her supervision is reduced, Judge Marisa Demeo agreed to take her off the High Intensity Supervision Program during an April 4 hearing.

Posey will be required to check in with the Pretrial Services Agency by phone and stay away from the victim’s family.

Judge Demeo also questioned why the defendant has yet to be indicted. Parties will have the opportunity to check on the status of the indictment when they are scheduled to reconvene on July 11 for a felony status conference.

Murder Trial Continues With Prosecutors Calling 7 Witnesses to Testify

A murder trial continued with prosecutors calling seven witnesses, including forensic and medical experts, a police officer and the defendant’s close friend.

Marquette Jordan, 30, is charged with first-degree murder while armed for allegedly stabbing 40-year-old Ivan Lynch to death during the early hours of April 30, 2018. Lynch was found lying in a pool of blood on the kitchen floor of an apartment on the 900 block of 5th Street, SE. He was eventually pronounced dead at a local hospital, according to court documents.

The first witness called to testify during the April 4 proceedings was the chief doctor in charge of the trauma center at that hospital. One of the prosecutors on the case asked her about the day Lynch entered the emergency room. She recounted how hospital staff began performing mechanical CPR on him. This occurred at 4:13 a.m., but Lynch was pronounced dead at 4:14 a.m.

“We pronounce folks dead if they are, in fact, dead,” the doctor said. Defense attorney Elliot Queen did not cross-examine her.

A member of the Office of the Chief Medical Examiner then took the stand and verified the photos she took as part of Lynch’s autopsy. Her testimony was followed by that of the deputy chief medical examiner, a certified expert in forensic pathology.

Prosecutors displayed pictures from the autopsy, including close-up images of each stab wound. The deputy chief medical examiner said one of the stab wounds to Lynch’s left chest area punctured his heart. She said Lynch would have had to be left laying down for a number of hours before being taken to the hospital.

The prosecutor asked her what she would conclude as the manner of death.

“Homicide,” she responded.

Defense attorney Elliot Queen asked the witness if she could tell how Lynch was stabbed. She said she could not.

In the aftermath of the deadly stabbing, a member of the Department of Forensic Sciences went to the crime scene and collected evidence. She told the prosecution about how she found a cellphone on the side of a road near the apartment where the stabbing occurred.

The apartment is located in the Navy Yard neighborhood, near the Southeast Freeway. A supervisor at the security company Brilliance Surveillance verified some of the surrounding areas where Jordan could be seen after the homicide from the school outside the apartments.

The jury saw 14 video clips from the playground at the school and off school grounds. In several of these videos, Jordan can be seen walking through the playground or passing the school with two children. He was with two children when he was apprehended on the same day as the homicide.

After Jordan was detained by police, a K9 unit was called in as Metropolitan Police Department officers searched the area for a possible murder weapon. No weapons were recovered. An officer who works with the K-9 unit took the witness stand, and jurors viewed body-worn camera footage of the search.

The day’s final witness was Jordan’s close friend, who gave a detailed account of the night of the homicide.

“He is a friend and like a brother,” she said when asked how she knew the defendant.

The witness said she had plans to “chill” with Jordan and some other people, and they all went to an apartment together to drink and socialize. This group included Jordan’s girlfriend, her two young children, Lynch and another friend of the defendant.

She said a verbal argument broke out between Jordan and his girlfriend. Lynch tried to intervene and give Jordan an “old man talk,” but a physical fight broke out between the two. She said she could not see anything after this fight started, as she grabbed the children and all faced the wall until it went quiet.

Once the “tussling,” was finished, she left the children with their mother and quickly left the apartment. She did see Lynch lying on the ground but said she did not see what had happened to him. After stepping down from the witness stand, she blew the defendant a kiss and left the courtroom.

At this point, the prosecution told DC Superior Court Judge Rainey Brandt they would call several more witnesses during the next day of the trial.

After dismissing the jury, Judge Brandt thanked Jordan for his good behavior. In previous days, Jordan had built up a reputation for being noisy and interrupting testimony.

The trial was scheduled to resume on April 5.

Homicide Victim’s Family Speaks During Sentencing

Rufus Davis‘ relatives implored a DC Superior Court judge to impose the maximum sentence for the man convicted of killing their family member.

On Oct. 6, 2021, Davis was found on the Unit Block of O Street, NW, suffering from gunshot wounds to the head and back. The 20-year-old was pronounced dead at a local hospital. Marcha Johnson was arrested a week later and charged with second-degree murder while armed.

The 44-year-old defendant pleaded down to voluntary manslaughter while armed, which has a maximum penalty of 30 years in prison, as part of an agreement with prosecutors. The plea deal includes an agreement between parties not to request an upward or downward departure from the DC Sentencing Commission’s voluntary sentencing guidelines as they apply to the defendant.

Multiple members of the victim’s family spoke during the April 5 sentencing. A letter from the victim’s grandmother was read aloud in court. She was unable to attend her grandson’s funeral due to mobility issues.

“He didn’t deserve to die the way he did,” she stated in the letter, which concluded with her “begging for justice.”

Davis’ cousins spoke in court about the kind of person he was and how his death has affected them. One of them spoke about how he always wanted to travel. “He was always a good spirit,” she said.

The victim’s father told the court his son was just about to turn 21 years old.

“I did everything I could to protect him from that day,” he said.

One of Davis’ cousins said “nothing could suffice,” in reference to Johnson’s sentence. Davis’ father echoed that sentiment, saying “No amount of time is going to bring my son back.”

“I just want justice for my son,” he continued. “I feel like I let my son down, let my family down.”

The prosecutor asked Judge Robert Okun to pass an 18-year sentence, citing the defendant’s criminal history and video footage from the homicide that shows the defendant shooting Davis point-blank.

When given the opportunity to address the court, Johnson said, “I want to apologize to the family.”

Defense attorney Wole Falodun said her client is remorseful and hopes that the family can forgive him one day. He told the court that the victim and the defendant had a contentious relationship, as Davis had allegedly threatened to take Johnson’s life in the past. Falodun said Johnson is in a tough spot mentally and asked for the court’s mercy.

Judge Okun sentenced Johnson to 15 years in prison to be followed by five years of supervised release. Having seen the video footage, he said the crime was brutal and heinous. In deciding on a sentence, Judge Okun said he considered both the nature of the offense and Johnson’s criminal history.

Johnson has had 10 prior convictions, most of which were for felonies, Judge Okun said. He mentioned that Davis was unarmed and the video footage did not show him instigating anything.

Judge Okun told the defendant to think about his life once he gets out and to make the best of it.

“For your sake and the community’s sake I hope you are successful,” he said.

Plea Deal Under Consideration for Man Charged in Deadly Stabbing

A plea offer is on the table for a defendant charged with second-degree murder while armed for a deadly stabbing in a commercial area of the Carver-Langston neighborhood.

Byron Brooks is accused of stabbing 43-year-old Kareem Watkins to death during the early hours of May 11, 2021. Watkins was found on the 1500 block of Maryland Avenue, NE, with a puncture wound to the left side of his chest. Brooks, 36, was apprehended in Georgia less than a month later.

During the defendant’s most recent hearing on April 4, a plea offer involving the same charge of second-degree murder while armed was brought up again.

Brooks’s defense attorney, Roderick Thompson, said there was very little discovery evidence shared since the preliminary hearing. Both parties asked for a status hearing in six weeks to gather the information and for the defense to make a final decision on the offer.

Parties are scheduled to reconvene on May 19.

Defendant Sentenced for Killing Woman in 2017 Traffic Accident

A DC Superior Court judge sentenced a woman for killing 43-year-old Talata Wiliams in a 2017 car accident.

Terica Younger was scheduled to be sentenced in February, but attorneys were made aware of uncertainty within the parameters of the plea agreement and had to postpone. On March 25, parties met in court again, prepared to proceed with the sentencing.

The 41-year-old defendant was initially charged with second-degree murder for the fatal car accident, which took place on Good Hope Road, SE, on Sept. 17, 2017. When she pleaded guilty to voluntary manslaughter and two assault charges in February 2019, Younger said she remembered drinking at a bar but not getting behind the wheel or using fentanyl, D.C. Witness previously reported. Still, she did not dispute that she was responsible for Williams’ death.

During the sentencing hearing, the prosecutor said four members of Williams’ family were in the courtroom and two of them wanted to speak.

“My family wants closure,” William’s brother said, asking Judge Milton Lee to impose the maximum sentence.

William’s younger sister spoke next.

“She was my best friend. She was so loving and kind,” she said of her older sister, describing the toll the sudden death had on herself and her family. “This lady, Ms. Younger, you have left a big hole in people’s hearts. She was in the prime of her life. She shouldn’t get no slap on the wrist.”

Judge Lee thanked both siblings before asking Younger if she would like to say anything.

Younger initially declined to speak, but her attorney, Madalyn Harvey, addressed the court. Harvey said it was very heartbreaking listening to the family, but what happened was also an accident.

”Younger’s life has been very traumatic,” Harvey said. “She’s overcome demons. Ms. Younger is terrified of serving time.”

Younger was released during her initial hearing in 2018 and was allowed to remain released awaiting sentencing after she pleaded guilty. When she failed to appear in court for a show cause hearing in June 2019, Judge Lee issued a bench warrant for her arrest. She was apprehended in August 2021 and has remained in detention ever since.

After some time silently crying, Younger spoke. “I wasn’t coming for nobody that night,” she said. “I was trying to get home to a sick dog.”

Judge Lee addressed Younger. “There is a lot of work to do in your life. There’s no reasoning whatsoever to be speeding while intoxicated,” he said. He proceeded to sentence her on one count of voluntary manslaughter and two counts of assault with significant bodily injury.

The 10-month sentences for the assault charges were suspended, but she was sentenced to serve 60 months for the manslaughter charge.

Conditions of Younger’s probation include a mental health screening, an inpatient drug treatment program, vocational housing and transitional housing.

Defendant Pleads Guilty to Deadly Stabbing in Fairlawn Neighborhood

A defendant pleaded guilty to stabbing a man to death after a car chase.

Herbert Smallwood was initially charged with first-degree murder while armed in the fatal stabbing of 46-year-old Joseph Ogunjodu on the 1600 block of 17th Place, SE, on June 30, 2021.

During his most recent hearing on April 4, Smallwood pleaded down to second-degree murder while armed.

The deadly altercation took place after the 41-year-old defendant chased Ogunjodu in a gold Hyundai Veracruz until he crashed and flipped the white Honda Fusion Ogunjodu was in.

The Hyundai Veracruz was reported stolen from the 1400 block of H Street, NE, on June 29, 2021, according to court documents. The white Ford Fusion belonged to Ogunjodu’s significant other at the time.

Prior to the plea paperwork being signed, Smallwood wanted to ask a question.

“Would this plea bargain be taken off the table if I get a second inquiry on the DNA?” he asked.

DC Superior Court Judge Milton Lee told Smallwood if he signs the paperwork he would waive his right to test any DNA, but it is not his decision to revoke the plea deal.

“It would cause a major delay of 28 weeks to get an inquiry and I did not talk to the decedent’s family,” the prosecutor said. “I cannot give a position on the matter. I would gladly give you the full case file of the DNA and let your defense expert examine them. This would take three weeks but this would be a faster alternative than the 28 weeks.”

After speaking with his attorney, Anthony Matthews, Smallwood decided to waive his right to DNA testing and go forward with the guilty plea.

Judge Lee scheduled Smallwood to be sentenced on July 7.

Document: One Dead, Another Injured in Vehicle Collision

A 47-year-old man was killed after the van he was driving collided head-on with a WMATA Metro Bus, according to the Metropolitan Police Department.

At approximately 1:20 a.m. on April 3, the GMC Cargo Van was driving northbound on Martin Luther King Jr. Avenue, SE, when it crossed a yellow line and crashed into the bus, which was traveling southbound.

The driver, Demetrius Fultz, was pronounced dead at the scene. The juvenile male passenger was taken to a hospital with critical injuries. The bus’s driver remained at the scene.

Judge Denies Request for Post-Indictment Preliminary Hearing in Murder Case

A DC Superior Court judge denied a defense attorney’s request to hold a preliminary hearing for a murder defendant who was indicted in 2020.

Robert Henson is accused of shooting 37-year-old Richard Lee Dudley on Dec. 10, 2018, on the 2500 block of Elvans Road, SE. The 42-year-old defendant faces charges of first-degree murder while armed, armed robbery, possessing a firearm during a crime of violence and unlawful possession of a firearm.

Preliminary hearings serve to determine if a case has enough evidence to go to trial. The court is generally required to conduct these hearings for felony defendants, but this requirement has an exception for defendants who, like Henson, have already been indicted.

During Henson’s most recent hearing on March 29, defense attorney David Knight requested a preliminary hearing on the basis that the defense has not received notice of discovery evidence including footage from the Metropolitan Police Department. The prosecutor opposed this request and said they need more time to review the evidence and decide what must be turned over to the defense.

DC Superior Court Judge Marisa Demeo denied the defense’s request for a preliminary hearing but ordered the prosecution to turn over materials related to the grand jury proceedings for this case by April 8.

Parties are scheduled to reconvene on June 3.

Prosecutors Call 9 Witnesses During Day 4 of Murder Trial

Nine witnesses, including civilians, members of law enforcement and forensic specialists, testified during the fourth day of a murder trial.

Marquette Jordan, 30, is charged with first-degree murder while armed for allegedly stabbing 40-year-old Ivan Lynch on April 30, 2018. The homicide took place in an apartment on the 900 block of 5th Street, SE.

The March 31 proceedings started with defense attorney Elliot Queen continuing his cross-examination of a witness who knew Jordan and Lynch for years and called 911 on the day of the homicide.

This witness said he saw Jordan swing a butcher knife at Lynch, but never saw the knife go through Lynch’s body. He asked Jordan to leave the apartment and waited approximately 10 minutes before calling 911 because he “didn’t know what he might do next.” The witness said the two have fought in the past and remained friends, but this time he “didn’t think it was going to be that serious.”

The witness claimed to have seen Jordan go through Lynch’s pockets and take a pair of keys. A member of the Department of Forensic Sciences photographed Lynch’s clothing, which included a gray sweatshirt, gray sweatpants, a black t-shirt and a white tank top. Some of the clothing appeared to have blood on it. The sweatpants and sweatshirt had cuts on them. A cushion was found in an elevator lobby and a scarf was found in a hallway.

Prosecutors called three other DFS members who worked with physical and digital evidence in the case to the witness stand during the day’s proceedings. Next, they called an investigator with the Metropolitan Police Department’s homicide branch, who spoke about the events of April 30, 2018- the day Jordan was arrested.

The investigator testified that she saw an individual with two children at approximately 2:40 a.m. that day. She thought nothing of it until she received instructions over the radio to be on the lookout for an individual matching the description of the man she just saw, who turned out to be Jordan.

After turning around and coming closer to Jordan, the investigator noticed blood on his pants. Jordan was detained and the children, who she said were approximately two and four years old, were taken to Child and Family Services because they were not Jordan’s.

Jordan was not found to have any weapons on him. The investigator canvassed the area and a K9 unit was called in, but still no weapons were recovered.

During cross-examination, Queen asked the investigator how Jordan conducted himself around her. The investigator said he was not running, nor did he try to hide or elude her. During re-direct, she said Jordan gave her a fake name.

A detective with the MPD’s homicide branch took the stand and testified that he collected Jordan’s belongings after he was taken into custody and found some items that did not belong to him, including a pair of keys to a Dodge. Lynch’s sister confirmed that her brother owned a Dodge Durango when she was called to the witness stand.

Lynch’s father, who was the seventh person to testify during the day’s proceedings, said he received a package containing a wallet in the mail, which he turned over to detectives. During cross-examination, he said he did not know where the package came from or who sent it, but an elementary school was written on the top left corner.

Lynch’s sister and father saw the victim the day before he died. A barbecue took place that day for his birthday. The sister said his friends were there and that “Ivan was happy and excited, very jovial.”

The sister said she never heard Jordan’s name until after the homicide, nor had she met the individual who came to her home to offer information on her brother’s death. This witness reportedly told Lynch’s sister that someone known as “Quack” committed the stabbing.

“She was falling apart,” the sister said of the other witness. “Like she hadn’t slept. She looked like a hot mess.”

The trial is scheduled to resume on April 4.

Defendant Pleads Guilty for His Role in Robbery That Turned Deadly

A defendant pleaded guilty to murdering a man he was attempting to rob after luring him with a fake ad he posted to an online marketplace.

Deandre Houston was charged with first-degree murder while armed, armed robbery and two gun charges in the shooting of 27-year-old Roderick Thomas on the 3200 block of 12th Street, SE, on Oct. 11, 2018. On April 1, the 21-year-old defendant pleaded guilty to second-degree murder while armed after making a deal with prosecutors.

On Oct. 2, 2018, Houston created an account on OfferUp, an online marketplace for individuals to buy and sell items, under the username “John.” He posted an ad to sell a laptop for $225. Thomas responded to the ad and the two agreed on a meeting place in the Congress Heights neighborhood.

The laptop did not exist. According to the prosecution, Houston and an unknown co-conspirator planned to rob him once they met up. When Thomas arrived, the two robbed him of the $225 and then demanded his car. Thomas fought back, and Houston’s co-conspirator shot him.

Houston admitted to aiding and abetting the shooter, knowing he was armed and having reason to believe he would use the gun in the robbery.

As part of the plea deal, parties agreed to recommend a prison sentence in the 10 to 14-year range.

DC Superior Court Judge Maribeth Raffinan scheduled Houston to be sentenced on July 1.

Trial Scheduled After Defendant in 2020 Homicide Case Rejects Plea Deal

A DC Superior Court judge scheduled a murder case for trial after the defendant rejected a plea offer.

The victim, 39-year-old Edward Pearson, was discovered in an apartment on the 2900 block of Connecticut Avenue, NW, with a gunshot wound to the head on the morning of Nov. 26, 2020. Ernest Cleveland, 27, was arrested for his alleged role in Pearson’s death approximately two weeks later. Prosecutors filed a seven-count indictment against him in February.

During the most recent hearing for this case on March 29, the defendant was arraigned on charges of first-degree murder while armed, three counts of possessing a firearm during a crime of violence, assault with intent to kill while armed, aggravated assault knowingly while armed and unlawful possession of a firearm.

Cleveland pleaded not guilty and rejected the prosecution’s plea offer for reduced charges.

The defense said they needed more time to review the evidence they received from the prosecution. Judge Robert Okun scheduled a June 27 Innocence Protection Act hearing to discuss if the defense will be seeking independent DNA testing.

The trial is set to take place in March 2023.

Double Homicide Case has Enough Evidence to Go to Trial, Judge Rules

A Metropolitan Police Department detective continued his testimony on a double homicide investigation during the second day of the defendant’s preliminary hearing, which ended with a DC Superior Court judge ruling that the case has enough evidence to go to trial.

Jalen Browne, 21, faces two counts of first-degree murder while armed in the deaths of 22-year-old Jovan Hill Jr. and 19-year-old Tariq Riley. Both victims were shot in the back on the afternoon of July 26, 2021, on the grounds of an apartment complex in the Truxton Circle neighborhood. A third victim walked into a local hospital with a gunshot wound to the torso and survived their injuries.

Browne’s preliminary hearing began on March 23 and picked back up on March 29. During the second day of proceedings, defense attorney Douglas Wood continued cross-examining the detective, who said he believes the shooting occurred in retaliation for a robbery that allegedly happened on May 9 of that year in the same apartment parking lot where the shooting took place. The detective did not know what was taken during the robbery. One of the witnesses, a known associate of the victims, had no information about who was involved.

The detective said a woman was paid $100 for letting two men count money in her apartment after the robbery, but no evidence or information has come to light on who was involved.

Video footage from the day of the homicide shows an individual believed to be the shooter in a yellow hoodie, light-wash jeans, a high-visibility piece of clothing and reflective shoes. Investigators conducted a search of Browne’s family home and recovered a high-visibility vest and jacket, but neither of those items matched what the individual in the surveillance footage is wearing.

Surveillance footage also shows the vehicle allegedly used to get to and from the crime scene. The vehicle is described as a silver four-door sedan with tinted windows, a panoramic roof and a dark spoiler. During the search of Browne’s home, officers recovered a black spoiler.

Prior to the shooting, Browne was in a car accident involving a nearly identical-looking vehicle with the same license plate number as the vehicle in surveillance footage of the shooting, with no panoramic roof or spoiler.

Investigators eventually found the car seen in the surveillance footage, but could not prove Browne was driving it. They were unable to find a panoramic top or any adhesive material to suggest one had been there. The spoiler was chromatic.

A handgun was recovered from Browne’s family home, but it did not match the one believed to have been used in the homicide. The prosecution alleged that Browne received a gun from a family member in May 2020.

Wood asked the detective about the cell phone data, which suggests the phone was at Browne’s house when the homicide occurred. Multiple calls went unanswered that day.

The prosecution alleged that Browne intentionally left his phone at home to avoid his location being tracked and changed the appearance of the car to avoid suspicion. They also claimed that Browne called a family member once he got home.

Wood argued that none of the items recovered from the search identify Browne as the one who committed the homicide. He said the car was accessible to at least four other people the day before the homicide, none of whom were arrested.

Judge Robert Okun found probable cause, citing the evidence from the video footage, the vehicle, the clothing and the handling of Browne’s cell phone. He denied Wood’s request to release his client from DC Jail.

The next hearing in this case is scheduled for June 3.

Judge Sentences Man for Stabbing Former Marine to Death

A DC Superior Court judge sentenced a defendant for stabbing a former marine to death in downtown Washington.

During the early hours of May 23, 2018, Kavonte Richardson stabbed 26-year-old Matthew Scott Rooker multiple times while attempting to steal his backpack, according to the prosecution. The homicide occurred on the 600 block of 7th Street, NW.

“We think about him every day,” said a member of Rooker’s family. “I think that knowing who he was is helpful. He was funny, he was kind-hearted, he had a vivid imagination. He was smart he loved his family. He knew what hardship was.”

Richardson, 28, was indicted on charges of felony murder while armed, armed robbery and carrying a dangerous weapon. In August 2021, he accepted a plea offer for second-degree murder while armed. As part of the plea deal, parties agreed to recommend a 15-year prison sentence, which Judge Marisa Demeo imposed during the March 30 sentencing hearing.

During the proceedings, family members implored Judge Demeo to pass a harsher sentence.

“We were given a life sentence without having a trial or talks or meetings or anything going on with this,” the victim’s wife said. “We don’t feel it’s fair. Each day comes with new challenges. I am a prisoner in my own home.”

Richardson did not make a statement, but his lawyer, Mani Golzari, said his client is remorseful for his conduct.

The defendant’s 15-year prison sentence will be followed by five years of supervised release.

Jury Finds Defendant Guilty of First-Degree Murder While Armed in 2014 Stabbing

One day after attorneys delivered closing arguments, a jury found Mark Bowser guilty of murdering Tracy Womack in a Marshall Heights neighborhood apartment complex nearly eight years ago.

Womack was 39-years-old when she was stabbed more than 40 times on Sept. 20, 2014. Bowser, 39, was arrested the next day.

On March 30, the jury found Bowser guilty of first-degree murder while armed, one count of assault with a dangerous weapon, carrying a dangerous weapon and two counts of obstruction of justice. Bowser was found not guilty of one count of assault with a dangerous weapon.

During the trial, prosecutors called a DNA analyst who testified that DNA from blood found on the defendant’s shirt was a match for Womack. They presented surveillance footage of Bowser leaving the apartment covered in blood, knife in hand. They also called several witnesses who spoke to the events surrounding the murder.

Defense attorney Dorsey Jones sought to cast doubt on the witnesses’ reliability, noting how the other people in the apartment at the time were high or drunk. He also pointed to instances where witnesses contradicted statements they made in prior years. The prosecutor argued it would be more suspicious if the witnesses remembered every detail.

A prosecutor said Womack and Bowser had been seen together before the murder, fondling and kissing. Police reported Womack was found with some of her clothes pulled down. The prosecution suggested this could shed light on Bowser’s motive, though he did not face any sexual abuse charges.

After the jury delivered their verdict, Bowser was sent back to DC Jail. DC Superior Court Judge Milton Lee scheduled him to be sentenced on June 10.

Judge Sets New Trial Date for Man Charged in Child’s Fatal Shooting

A DC Superior Court judge set a retrial date for the defendant charged in 11-year-old Karon Brown‘s death after his first trial ended with a partial verdict.

Tony McClam was indicted on seven counts including first-degree murder while armed in reference to the shooting, which took place on July 18, 2019. During his first trial, the prosecution alleged that McClam brought a gun to an altercation between two groups of kids, including McClam’s nephew, who he was attempting to discipline. After a man in a vehicle with Karon in the back seat confronted McClam, the prosecution says he fired at the vehicle, striking and killing the child.

The defense did not dispute that McClam fired the fatal shot but presented a countertheory as to why he did. Defense attorney Jason Tulley argued his client never saw Karon in the vehicle, which he fired at in defense of himself and the children he was escorting home after the driver allegedly threatened him and sped towards him.

Tulley told the jury McClam has vision problems in his left eye and was purposely trying to miss the driver when he fired his weapon so he could scare him off without striking him.

After approximately five days of deliberations, a jury found the defendant not guilty of first-degree murder while armed, but could not come to a decision on the lesser homicide offenses of second-degree murder while armed and voluntary manslaughter while armed. Jurors convicted him of carrying a pistol without a license, but could not decide on a verdict for any of the other charges in the indictment.

During a March 30 hearing, the prosecution requested a new trial date. Both parties expect the trial to last two weeks barring any complications.

Judge Maribeth Raffinan scheduled the trial to take place in December. In the meantime, defense counsel plans to file a motion for McClam’s release from DC Jail.

Search