Judge Denies Release for Stabbing Defendant in Metro Bus Incident

DC Superior Court Judge Jennifer Di Toro denied a July 2 request to release a stabbing defendant.

Daniel Williams, 42, is charged with aggravated assault knowingly while armed for his alleged involvement in a stabbing that occurred on May 27 at the Minnesota Avenue Metro bus station on the 4100 block of Minnesota Avenue, NE.

According to court documents, Williams and the victim exchanged heated words on board the bus before the incident. The victim was stabbed in their shoulder and back, puncturing a lung.

Williams’ defense attorney, Darryl Daniels, requested that Judge Di Toro reconsider Williams’ release for his positive behavior while he has been detained.

Daniels noted that Williams has no criminal history, and that Williams’ detention has had a negative impact on Williams’ ability to work.

Daniels said Williams has “done a lot to elevate his life.”

However, the prosecution disagreed, stating Williams’ detention would ensure the safety of the community. They cited that the victim was a stranger to Williams, and the attack was unprovoked.

Judge Di Toro agreed with the prosecution, adding, “these are serious charges” that are levied against Williams, and the crime is too recent to comment on any positive growth in Williams’ life.

Ultimately, Judge Di Toro denied Daniels requests for release.

Parties are slated to reconvene on Aug. 11.

Judge Allows Non-Fatal Shooter’s Probation Despite Condition’s Breach

DC Superior Court Judge Jennifer Di Toro allowed a shooting defendant to remain on probation in a hearing on July 1, after he violated a rule for possession of an open container of alcohol in a vehicle.

Antonio Harrison, 49, was sentenced to two years of confinement with all time suspended and three years of supervised release for carrying a pistol without a license outside a home or business and attempted assault with a dangerous weapon. The charges stem from his involvement in a shooting on the 700 block of 18th Street, NE, on July 17, 2023. No injuries were reported.

The prosecution and a representative from the Court Services and Offender Supervision Agency (CSOSA) asked Judge Di Toro to revoke Harrison’s probation for possession of an open container of alcohol in a vehicle.

Harrison’s defense attorney, Kavya Naini, argued Harrison has kept in close contact with his probation officer, is not a danger to the community, and is employed. She also highlighted that Harrison was not driving the car at the time of the arrest, but was stopped on the side of the road where he was listening to the radio.

Judge Di Toro agreed with the prosecution that Harrison clearly has an issue with alcohol and potentially other substances that needs to be addressed, however, she discharged the hearing and allowed Harrison to continue his probation so he can get appropriate treatment.

There are no further court dates set for this case.

Judge Extends Indictment in Non-Fatal Shooting

DC Superior Court Judge Todd Edelman granted a 45-day indictment extension to the prosecution in a shooting case during a hearing on July 3.

Demetry Ferguson, 31, is charged with assault with intent to kill while armed and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting on Sept. 8, 2024, on the 4400 block of E Street, NW.

According to court documents, the victim was romantically involved with the mother of Ferguson’s child. The victim sustained eight gunshot wounds: two to his left arm, two to his left leg, one to his right leg, and three to his abdomen.

Ferguson is currently on release and his nine-month indictment deadline expired in June. At the hearing, the prosecution requested an extension to the deadline for reasons discussed at the bench under seal.

Judge Edelman granted prosecutors’ request and extended the indictment deadline for 45 days. If prosecutors fail to indict Ferguson before the new deadline then they must drop the case.

Parties are set to reconvene on Aug. 1.

Judge Issues Bench Warrant for Missing Defendant

DC Super Courts Judge Michael Ryan issued a bench warrant for a no-show defendant on July 2.

Kaevon Sutton, 24, was originally charged with the fatal shooting of 22-year-old Aujee Tyler on March 19, 2018 on the 3500 block of Stanton Road, SE. On March 23, 2023, Sutton was acquitted by a jury of first-degree murder while armed and possession of a firearm during a crime of violence. However, Sutton was convicted of carrying a pistol without a license outside a home or business.

Judge Ryan sentenced Sutton on Aug. 9, 2023 to four-years-and-11 months with three years of supervised release.

Sutton’s probation officer reported him as non-compliant because he lost contact on June 13. After failing to appear at the hearing, Judge Ryan issued a bench warrant for the defendant.

Parties will reconvene when Sutton is taken into custody.

Judge Halts Double Murder Plea Amid Claims of Inadequate Counsel

D.C. Superior Court Judge Micheal Ryan declined to proceed with a plea disposition for a double homicide defendant during a July 3 status hearing.

Kevin Foster, 20, is charged with conspiracy while armed, first-degree murder while armed, second-degree murder while armed, assault with intent to kill while armed, and three counts of possession of a firearm during a crime of violence.

The charges stem from his alleged involvement in two fatal shootings on March 7, 2023, on the 2700 block of Bruce Place, SE, which claimed the lives of 23-year-old Dana Faulkner, and 15-year-old Abdul Fuller, who was shot and killed at the intersection of Mississippi Avenue and Wheeler Road, SE. There was one surviving victim from the shooting on the 2700 block of Bruce Place.

Foster appeared in court with his attorney, Matthew Davies. During the hearing, Judge Ryan was preparing to file a plea rejection from Foster, until Foster expressed dissatisfaction with his attorney’s representation. This prompted Judge Ryan to say he could not find that the defendant had knowingly and voluntarily rejected the prosecution’s offer.

The deal would have required Foster to plead guilty to second-degree murder while armed and assault with a dangerous weapon. In return, the prosecution would have dropped all remaining charges, including first-degree murder and conspiracy, and parties would agree to a sentencing range of 12-to-18 years in prison.

Prosecutors tried to push the plea rejection, stating that Foster’s dissatisfaction was inconsequential since the plea offer would be taken back regardless. However, Judge Ryan stated that his priority was finding out the reason for Foster’s claims of insufficient counsel.

Foster has since requested a new attorney.

The case is scheduled for a status hearing on August 15.

MURDER CASE INSANITY DEFENSE WAIVED – FOR NOW

A homicide defendant will not seek an insanity defense as he was found to be mentally competent to stand trial, defense attorney, Steven Kiersh told DC Superior Court Judge Neal Kravitz at a hearing on June 20.

Gerald Brevard, 33, is charged with first-degree murder premeditated while armed, five counts of possession of a firearm during a crime of violence, three counts of carrying a pistol without a license outside a home or business, two counts of unlawful possession of a firearm by a convict, two counts of assault with intent to kill, aggravated assault, mayhem, unlawful possession of a firearm with prior conviction for a crime of violence, and destruction of property worth less than $1,000 due to his alleged involvement in three incidents.

The charges stem from his alleged involvement in a shooting and stabbing of 54-year-old Morgan Holmes on March 9, 2022 on the 400 block of New York Avenue, NE, committing a drive-by shooting on March 3, 2022 on the 900 block of Mount Olivet Street, NE which left one person injured, and a shooting on March 8, 2022, at the intersection of 17th and H Streets, NE which left another person wounded.

Judge Kravitz told the parties he plans to undertake a Frendak Inquiry at a future hearing. Both parties agreed to the inquiry. A Frendak Inquiry is a procedure in which a judge decides whether to enforce an insanity defense whether the defendant wants it or not.

Parties are slated to return Oct. 25.

‘This Isn’t How I Want to Live’ – shooting defendant asks for leniency

DC Superior Court Judge Danya Dayson imposed a partially suspended sentence for a shooting defendant on June 27.

On March 14, Marcus Cunningham, 20, pled guilty to assault with intent to commit robbery and carrying a pistol without a license for his involvement in a shooting that occurred in Meridian Hill Park on 17th and Euclid Street, NW on April 23, 2024.

During sentencing, the prosecution described the crime as a “drug deal” gone wrong, adding that the situation could have gone much worse and Cunningham posed a danger to the community. The prosecution stated, “He should’ve never been there in the first place. The victims are probably going to be looking over their shoulder for the rest of their lives.”

Cunningham’s attorney, Tammy Thom, rebutted the prosecution’s claim that he was a danger to the public. Thom argued that Cunningham had taken measures toward personal advancement by enrolling in a paralegal course at the University of the District of Columbia, seeking treatment for his substance abuse issues, participating in a cosmetology course, and painters course.

Thom also pointed out that if released, Cunningham would have an abundance of family support, pointing to them in the audience.

“My family has always been my biggest source of support and motivation,” Cunningham told Judge Dayson, pleading to be able to return home. Cunningham also expressed remorse for his actions, stating, “This isn’t how I want to live. I made a mistake at 19.”

Judge Dayson acknowledged that Cunningham had taken responsibility for his actions and tried to use his detention in a productive manner. Additionally, she noted that Cunningham was 19 at the time of the incident and was not the shooter or “architect” in the robbery.

Judge Dayson granted Cunningham’s request to be sentenced under the Youth Rehabilitation Act (YRA), which allows a young defendant’s conviction to be sealed if they successfully fulfill all sentencing requirements.

Cunningham was sentenced to 36 months of incarceration with all but 18 months suspended for assault with the intent to commit robbery. In addition, Cunningham was sentenced to 12 months of incarceration, suspended in its entirety, for carrying a pistol without a license.

Judge Dayson also imposed three years of supervised release suspended in its entirety and 24 months of probation for both charge. Cunningham was ordered to pay $200 to the Victims of Violent Crime fund.

Further, Judge Dayson told the court that Cunningham’s problems stemmed from not keeping himself occupied. She ordered that Cunningham enroll in full-time employment, vocational training, or educational coursework, stating, “You don’t need time on your hands, you need to be busy.”

No further dates were set.

Judge Denies Motions to Suppress Evidence in Upcoming Shooting Trial

DC Superior Court Judge Jason Park denied multiple defense motions that would suppress the prosecution’s accumulation of evidence leading up to a three co-defendant trial on June 27.

Purnell Jackson, 38, Charles Turner, 38, and Kharee Jackson, 32, are charged with conspiracy, eight counts of assault with intent to kill while armed, three counts of aggravated assault knowingly while armed, unarmed carjacking, nine counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, unlawful possession of ammunition, carrying a rifle or shotgun outside a home or place of business, second-degree burglary, two counts of carrying a pistol without a license outside a home or business, and possession of an unregistered firearm.

The charges stem from their alleged involvement in a non-fatal shooting that occurred on Aug. 24, 2022 on the unit block of Quincy Place, NE that injured three people.

According to court documents, the defendants stopped and exited a vehicle at the intersection of Quincy Place and Lincoln Road, fired at a group of people, and immediately fled the area.

A motion to exclude online evidence from the defendants’ Instagram and Youtube accounts was denied after Judge Park found the accounts contain pictures of the defendants in jewelry and clothing worn during the incident as well as records of messages between the defendants.

Judge Park stated there appeared to be no issue of relevance in this case given the contents of the evidence. The prosecution will still have to make an argument for the evidence to be admitted at trial.

Turner’s defense attorney, Lauren Morehouse, filed a separate motion for the prosecution to turn over admitted jail call records to the defense. The motion was denied for now as the prosecution may admit further records prior to the trial, which is still a year and a half away. Judge Park indicated he is open to revisiting the motion citing that the efficiency of trial will be helped if the prosecution turns over its records.

A third motion was raised to suppress the search warrants that allowed authorities to collect evidence from the defendant’s personal social media accounts. Defense claimed the warrants were over broad and did not specify the timeframe and contents of evidence sought. Judge Park denied the motion, stating that Purnell Jackson’s accounts provided sufficient probable cause to justify the search warrants as they include evidence of a motive for the attack and for possession of a firearm. He also stated the search warrant requests satisfied the court’s particularity condition.

Parties are set to reconvene on Oct. 17.

2 Defendants, 2 Trials, and Many Lawyers = A Scheduling Nightmare.

DC Superior Court Judge Carmen McLean on June 25 heard a request to sever a joint trial for two men charged with carjacking because of scheduling issues.

Derrick Coltrane, 40, and Ira Shaw-Bates, 22, are charged with unarmed carjacking for their alleged involvement in an incident on June 6 on the 300 block of N Street, NE.

According to court documents, the victim was standing outside the front passenger door of his car when Coltrane allegedly approached demanding his phone. Shaw-Bates then allegedly approached as well and Coltrane demanded the victim’s car keys while physically searching him. Coltrane and Shaw-Bates allegedly then drove off in the victims car with his wallet and keys.

During the hearing, scheduling conflicts were raised. Initially the issue was that Shaw-Bates was scheduled for trial in another case. The prosecution and Shaw-Bates’ defense attorneys, Damayanti Desai and Varsha Govindaraju, then had availability issues that prevented Judge McLean from scheduling a joint trial with the two co-defendants.

Coltrane’s defense attorney, Lisbeth Sapirstein, then stated her own availability issues that would further delay a joint trial. Coltrane stated that he was not interested in changing his attorney which might have allowed for a trial date to be set.

Citing her defendant’s right to a speedy trail, Sapirstein said she plans to request severance of the Coltrane and Shaw-Bates’ trials. The prosecution responded that they intend to argue to keep a joint trial for the co-defendants.

Parties are scheduled to reconvene on July 15.

Judge faces “catch 22” in stabbing case evidence.

DC Superior Court Judge Carmen McLean questioned her legal authority to release a defendant’s medical records for expert review during a hearing on July 30.

Shawn Dyson, 45, is charged with assault with a dangerous weapon and assault with significant bodily injury for his alleged involvement in a stabbing that took place on the 1400 block of Park Road, NW on Aug. 29, 2023.

According to court documents, Dyson allegedly got into an argument with the victim. As the argument escalated, Dyson allegedly chased the victim down the street brandishing a knife, then slashing the victim’s left arm, leaving a large wound.

Dyson’s sister had previously disclosed her brother’s struggles with schizophrenia and Dyson’s defense attorney, Sharon Weathers, raised concerns about her client’s mental health.

As part of the defense, Weathers had arranged for an expert to review Dyson’s mental health records in order to determine their relevance to the case.

This, however, created a challenging issue for Judge McLean because releasing records for external review before their relevance is established is beyond the authority of a Superior Court Judge. At the same time, Judge McLean admitted she is uncertain she can accurately interpret the records and established their relevance without such expert assistance

It’s a situation Judge McLean is familiar with, admitting that she is often required to make decisions without the benefit of expertise. “That’s the situation I’m in now,” she said.

Weathers offered that there was legal precedence for a judge to seek expert counsel in order to determine relevance and Judge McLean suggested possibly briefing the issue, which Weathers is prepared to consider.

Parties are slated to reconvene on July 28.

Stabbing Defendant Granted Modified Release Conditions

DC Superior Court Judge Maribeth Raffinan granted a stabbing defendant’s request for changes in release in a July 1 hearing.

Lawrence Twisdale, 49, was sentenced to two counts of assault with a dangerous weapon in January 2024 for his involvement in a stabbing that injured two people. This stems from an incident that occurred on Aug. 29, 2021 on the 400 block of P Street, NW.

Twisdale was recently released into the community on June 6, serving two years of probation.

During the hearing, Kavya Naini, Twisdale’s attorney, requested a reduction of Twisdale’s ninety community service hours to ten hours and the removal of GPS monitoring. The request was based on several factors, including reports that Twisdale had been doing well in jail, taking GED classes, going to rehab, and complying with all probation requirements. He also had no violations during his two years on GPS monitoring before sentencing.

Naini explained that Twisdale is seeking employment and is concerned excessive community service might interfere with his job search.

The prosecution had no objection to the proposed changes and deferred to the court’s decision.

Judge Raffinan ruled that while Twisdale had shown improvement, the offense was still significant, and probation condition guidelines were set on the assumption that Twisdale would not face jail time. However, while not granting the full reduction in community service hours, Judge Raffinan ordered a reduction to 30 hours of community service over the two-year probation period, along with the removal of GPS monitoring.

No further dates were set.

Judge Deems Murder Defendant Incompetent To Stand Trial

DC Superior Court Judge Jason Park found a murder defendant incompetent to stand trial on July 2.

Walter Parker, 48, is charged with first-degree murder for his alleged involvement in the fatal beating of 77-year-old Bernard Williams on April 23 on the 400 block of M Street, SE.

The Department of Behavioral Health (DBH) reported to Judge Park that it evaluated Parker to be incompetent to stand trial on the charge of aggravated assault, unaware the charge had been increased to first-degree murder while armed.

Judge Park ordered Parker transferred to St. Elizabeth’s hospital for a full mental examination and restoration,

Parties are slated to reconvene Aug. 15.

‘Too hot’ juvenile carjacking suspect’s releasE request denied.

DC Superior Court Judge Jennifer Di Toro denied a carjacking defendant’s motion for release on June 30, following an emergency hearing in regard to a lack of adequate detention conditions.

Antonio Gaither, 16, is charged with two counts of unarmed carjacking and robbery while armed for his alleged involvement in an incident that occurred on Sept. 20, 2024 on the 800 block of P Street, NW.

Gaither is charged as an adult under Title 16.

After a delay in transferring Gaither to court from the Department of Youth Rehabilitation Services (DYRS) facility, Judge Di Toro addressed the motion for release filed June 27. Gaither’s attorney, Quiana Harris, argued that excessive heat at the facility because of the air conditioning not working made it “completely inappropriate for children to be held.”

Judge Di Toro referenced a recent report indicating new air conditioning compressors had been installed and temperatures restored to normal levels. Harris responded that, based on Gaither’s experience, while fans were available, they were not permitted inside the individual units where those held are confined from 8:45 p.m. until morning.

In support of the motion, Harris also presented a representative from the Young Men’s Initiative (YMI) program that mentors and counsels youth. The representative described Gaither as “a good young man” and offered to stand by him if he were released.

The prosecution opposed the motion, asserting that records demonstrated the air conditioning has been repaired, resolving the temperature issue.

Judge Di Toro concurred, denying the motion for release.

Parties are set to reconvene on Aug. 22.

A possible change of venue for homicide trial

DC Superior Court Judge Michael Ryan was asked by the prosecution to dismiss a three-defendant homicide case so that the case could be tried in District Court during a hearing on June 26.

Malik Bynum, 25, Mark Fletcher III, 26, and Larry White, 24 are charged with conspiracy, robbery while armed offences committed during release, first-degree murder while armed offences committed during release, possession of a firearm during a crime of violence offences committed during release, and unlawful possession of a firearm (prior crime of violence) offenses committed during release for their alleged involvement in the shooting of 21-year-old Rosendo Miller. The incident occurred on the 1300 block of Brentwood Road, NE on July 2, 2021.

Prosecution submitted a motion to dismiss the current indictments against the three defendants on May 27.

In the June 26 status hearing, White’s presence was waived after he was reported “combative” during the transport process.

Madelyn Harvey, Bynum’s defense attorney, requested that Judge Ryan deny the prosecutor’s motion to dismiss as there was not sufficient evidence to move the case into the District Court.

Prosecution explained that the case would be tried quickly in District Court, given the speedy trial rule that a trial must commence within 70 days of indictment or first court appearance.

Given that White’s defense attorney, Lisbeth Saperstein, noted to both parties that she would be asking for a continuance for the December 2025 date due to other trial commitments, the prosecution argued that the motion is justified.

“The Superior Court is 15 judges down at any given point,” commented Judge Ryan on the Court’s severe understaffing issue. He also explained that the court is so backed up with cases that moving the case to the District Court would likely help the defendants.

Addressing Harvey’s concern about the potential of bad faith on the side of the prosecution, Judge Ryan stated that he “can’t presume that either party is acting in bad faith.”

Judge Ryan noted a significant separation of power issue in this case, stating that, while he can order the prosecution to provide a reason for their decision to file the motion, he does not see sufficient basis for Harvey’s suggestion of bad faith.

Judge Ryan gave a deadline of June 30 for the defense to come up with more convincing evidence to deny the prosecution’s motion.

No further dates were set.

‘Judge, Jury and Executioner’

A jury in DC Superior Court Judge Neal Kravitz heard closing arguments from the prosecution and defense in a mass shooting case during a June 26 hearing.

Erwin Dubose, 31, Kamar Queen, 28, Damonta Thompson, 28, and William Johnson-Lee, 22, are charged with conspiracy, premeditated first-degree murder while armed, assault with intent to kill while armed, assault with significant bodily injury while armed, among other charges, for their alleged involvement in the mass shooting that killed 31-year-old Donnetta Dyson, 24-year-old Keenan Braxton, and 37-year-old Johnny Joyner. The incident occurred on the 600 block of Longfellow Street, NW on Sept. 4, 2021, and injured three additional individuals.

Mussay Rezene, 32, and Toyia Johnson, 53, are charged with accessory after the fact while armed and tampering with physical evidence for their alleged involvement in assisting the other defendants in discarding evidence and avoiding arrest.

Continuing from earlier arguments, prosecutors layered forensic, digital, and testimonial evidence to argue that the defendants “appointed themselves judge, jury, and executioner.”

Prosecutors walked jurors through electronic evidence, surveillance video, and physical details such as the white flap on the shooters’ pants’ pocket and black COVID-style mask, seen consistently in both CCTV footage and Instagram posts from August through October 2021. The video showed a white flap at Johnson-Lee’s hip, visible during the shooting and again as he left the apartment on Galloway Street.

The prosecution emphasized a private identification made by Johnson-Lee’s ex-girlfriend, who initially told detectives that the man in the surveillance video, “looks like my ex-boyfriend.”

Although her in-court testimony shifted, the prosecution urged jurors to “believe the ID [the witness] gave in private,” describing the emotional difficulty of testifying truthfully in front of an ex-partner who might go to prison. “She was in an awful position,” prosecutors said, “but it is the defendants who put her there.”

Queen allegedly fired a 5.7 caliber round and was identified in footage through distinctive clothing, including bright yellow shoes and Purple Brand jeans, as well as a ski mask shown in video evidence. His godmother testified during a previous hearing, identifying him in Ring footage outside her Oglethorpe Street home, according to the prosecution. Queen’s motive, the prosecution argued, was personal, citing the Longfellow shooting was retaliation for another shooting at Olgethorpe Street, in which a close friend of Queen’s was shot.

Although Rezene is not accused of direct participation in the shooting, the prosecution asserted he was not only aware there were plans to carry out the crime, but made considerable efforts to help cover up the shooting.

These alleged efforts include assisting in the burning of the Honda Accord which was used as the escape vehicle during the incident.

The prosecution presented cellsite data and License Plate Reader (LPR) records which show Rezene and Dubose allegedly meeting after the incident and drive a grey Nissan and the Honda Accord to the 4500 block of Ead Street, NE.

Surveillance footage presented by the prosecution showed the Nissan parked on Ead Street. A second camera angle captured fire and smoke rising from the alleyway as the Nissan drove away. The first 911 call reporting a torched vehicle on Ead Street was received minutes later.

The same gray Nissan was later spotted running a stop sign by a Metropolitan Police Department (MPD) officer. When the officer attempted to pull the vehicle over, Rezene allegedly exited and fled on foot to a second vehicle, in which he escaped, according to the prosecution.

MPD seized and searched the Nissan. Inside, recovering finger prints identified as Rezene’s, as well as DNA evidence linked to both Rezene and Dubose, the prosecutor stated.

Regarding Johnson, the prosecution cited her deep interpersonal relationship with Queen and Dubose as motivation for alleged involvement in the crime.

The prosecution presented Instagram messages suggesting a romantic relationship between Johnson and Dubose, including messages stating “I love you,” and a maternal bond with Queen. The prosecution argued these relationships motivated Johnson’s alleged attempts to protect both individuals, particularly through seven 911 calls in he 48 hours after the incident, falsely reporting the Honda Accord stolen after the incident.

Johnson allegedly rented the Honda Accord for Rezene on Aug. 28, about a week before the shooting.

On Sept. 7, Johnson returned to the car rental office to attempt to report the vehicle stolen again, according to the prosecution. There, she encountered MPD officers who informed her the Honda Accord was involved in a triple homicide.

“She [Johnson] had no reaction,” the prosecution narrated, recalling an MPD officer’s testimony, “because she already knew what the car had been used to do.”

Later that day, Johnson told an MPD officer that she had reported the vehicle stolen before the shooting, the prosecution stated. They argued this claim to be demonstrably false.

The prosecution urged the jury to consider the impact of Johnson’s actions, arguing that her efforts could have successfully concealed a triple homicide.

“She knew exactly what she was covering up,” the prosecution said. “And she lied, over and over and over again.”

Dubose’s defense attorney, Steven Ogilvie rebutted the prosecution, stating their argument was built entirely on circumstantial evidence. He pointed out the absence of direct evidence such as a confession or firearm linking Dubose to the crime, a lack of either eyewitness identification or forensic evidence placing him at the scene.

Ogilvie emphasized the compromised integrity of the crime itself, which multiple officers and forensic technicians described as chaotic and unsecured. Civilians crossed police tape, some even entered homes inside the crime scene, and multiple firearms were allegedly removed or mishandled.

Officers admitted that a witness pointed out two firearms behind a tire, yet only one was recovered, and no follow-up search was conducted. Ogilvie stressed that Kennedy Street Crew (KDY) members had the motive and access to tamper with evidence.

“The scene was contaminated from the beginning,” Ogilvie argues. “This was KDY’s block.” He portrayed the prosecution’s case as asking jurors to “draw inference after inference,” connecting “dots they didn’t prove” while ignoring gaps in how evidence was collected and preserved.

Ogilvie also scrutinized the prosecution’s motive theory, mainly the connection between Dubose and KDY members. He pointed to the prosecution’s evidence, specifically Instagram messages and a 2016 fist fight Dubose was involved in.

“Speculation isn’t a motive,” Ogilvie said. “It’s a void the [prosecution] is trying to fill.”

The importance of a black sedan and Dubose’s left-handedness was also called into question. Ogilvie specifically pointed out that a black sedan is a common car and argued that the car does not prove much about the case.

Earlier in the trial, the prosecutors brought in clothing evidence, namely a black hoodie and distressed black jeans. Ogilvie told the jury that this evidence is weak because the clothing is common.

“This is practically the uniform for young Black men in this city,” he said.

Johnson-Lee’s defense attorney, Peter Fayne, attempted to set his client apart from the other co-defendants. Emphasizing the gravity of the jury’s decision, he urged them to be absolutely certain before delivering their final verdict.

Fayne argued that cell phone data excluded Johnson-Lee from involvement in the incident. Cell phone maps shown by Fayne placed Johnson-Lee at a location away from the shooting location about 10 minutes before it occurred.

Fayne also brought up that although there was significant communication between the other defendants, there were no call records between Johnson-Lee and the others the night of the shooting. Fayne further noted that Johnson-Lee never cancelled his phone number or turned off his phone.

Fayne further challenged the prosecution by scrutinizing forensic evidence at the scene of the incident.

The prosecution had argued that the forensic investigation determined that Johnson-Lee’s DNA was found on a shell casing on the scene of the shooting. Fayne challenged this finding, citing that the DNA had a low likelihood-ratio.

Fayne also pointed out that the DNA on the shell casing was a mixture of five different people and contained a higher concentration of DNA from an unknown person.

Finally, Fayne turned to the video surveillance evidence. He showed that the person the prosecution identified as Johnson-Lee was wearing a face and head covering, making him difficult to identify. Furthermore, he argued that Johnson-Lee’s ex-girlfriend was unable to identify the person in the surveillance footage as Johnson-Lee, only saying that the “person looks similar.”

“No face means no case,” Fayne insisted, adding, “Far better is it to let one guilty man free than that one innocent one should suffer.”

Parties are slated to reconvene on June 30.

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