One question goes unanswered in 15-year-old’s homicide: where is the shotgun?

After nearly two weeks of arguments in a murder trial, both the prosecution and defense claim the red herring in their cases is a missing shotgun.

Derryck Decuir is standing trial for allegedly shooting Malek Mercer on the 2800 block of 28th Street, SE on June 16, 2015. Decuir, 25, is claiming that he shot Mercer, 15, in self defense after the teen began to pull a shotgun on him. But, the prosecution says Decuir was the first aggressor.

On the night of the homicide, Mercer and his friend walked a girl to a bus stop. The girl was the only person with Mercer that night to testify that he put a shotgun in the duffle bag he was carrying.

After walking the girl to the bus stop, Mercer and his friend proceeded to go back home when they ran into Decuir and his crew. Apparently there was a joke about Mercer’s red Versace belt, which Decuir seemed to admire.

According to testimony, Decuir and his crew got off at the same bus stop as Mercer and his friend to allegedly go to a 7-Eleven, even though the bus they were riding stopped directly in front of the store.

Decuir said the teenager began to pull a shotgun out of his bag as he turned towards him.

“I shot him before he could shoot me,” Decuir told the jury, adding that after he shot Mercer he fell to the ground out of shock. When he got up Decuir said he looked at Mercer and told the teenager he was sorry and ran away.

But, during a demonstration with a sawed off shotgun — not related to the case — the prosecution showed March 13 that given the fact that Mercer was left-handed, walked to the right of his friend and the angle of the bullet, it was impossible for the teen to have pulled a shotgun on Decuir who was walking about 8 feet behind the young men. The prosecution stated that Mercer didn’t even turn 120 degrees before the bullet severed his spine. The shotgun was not found at the scene, nor was Mercer bruised by falling on a shotgun. Mercer only sustained abraisons that were on his head as a result of hitting the ground.

According to prosecution’s closing argument, Decuir, who was 22 at the time of the homicide, intentionally shot and killed Mercer, referencing a “dead-on look” Decuir’s friend described seeing on the defendant’s face after he shot the teenager. The prosecution insinuated that Decuir’s look along with leaving the scene and not calling 911 did not show remorse.

The prosecution presented a video clip of Decuir and his friends during a rap session that was recorded hours before the homicide. On the video, the defendant mentioned he had a 30-bullet magazine. The prosecution said a ruger pistol and an extended magazine were used in the homicide. Decuir told the jury that he owned a ruger pistol, extended magazine and other guns. The Metropolitan Police Department found the ruger pistol and extended magazine years later in a grassy area in Southeast D.C. Decuir said he asked his friend to hide the pistol.

The prosecution also stated, several times, that Decuir was a liar. According to the prosecution, Decuir lied to the investigating detective, his mother, stepmother, girlfriend, and also to the jury, citing that Decuir wasn’t carrying the pistol with a regular clip in his pants like he claimed, but the ruger with an extended magazine in a backpack he was wearing. Decuir said he lied about shooting Mercer, at first, because he didn’t know that killing someone in self defense was legal.

Decuir said that he was in close proximity to Mercer because he was going to pee by a tree on the corner of Naylor Road SE and 28th Street SE. However, the prosecution refuted the statement by showing the jury a photo of the line of view from the bus stop. The tree, which was located on the south side of an apartment building, was not in sight. Even though Decuir claimed he had to pee, he ultimately didn’t pee in the area, choosing instead to walk about 20 minutes home after the shooting.

“Is he a good enough liar to beat this case,” the prosecution asked the jury.

The defense’s closing argument pushed self defense, citing that the main question in the case was whether Mercer pulled a shotgun on Decuir. According to the defense, the prosecution did not show without a reasonable doubt that Decuir was not acting in self defense when he shot Mercer.

The defense said that the police’s inefficient investigation was the reason the shotgun had not been found, citing that it could have been taken by any of Mercer’s friends that night. The defense referenced an Instagram photo that shows Mercer with a shotgun and cited Mercer’s mother’s testimony when she said her son normally carried a backpack, not a duffle bag. The defense also questioned the credibility of the prosecution’s witnesses, which included a few of Decuir’s close friends.

There were a lot of assumptions in the homicide case, the defense said.

The jury began deliberations on March 14.

D.C. Teen Homicide Rates

Was Harold Marshall protecting his sister?

One of Harold Marshall‘s siblings testified March 14 that Marshall feared Tyrone Moore would kill their younger sister.

According to his sister, their aunt was killed by a boyfriend when they were kids, and Marshall, 40, often told her that he feared the same thing would happen to their little sister. Moore was apparently involved in a violent relationship with Marshall’s younger sister.

Marshall has been charged with first-degree murder while armed for allegedly stabbing Moore, 32, during a fight on the 1600 block of F Street, NE on March 22, 2015.

The older sister told the jury that Moore and her younger sister’s relationship was “unhealthy and domestic,” and “they shouldn’t have been together.” She cited incidents in which Moore allegedly kicked her sister in the ribs and punched her while she was pregnant with their child.

On the night of his homicide, Moore apparently went to his girlfriend’s apartment drunk. Moore allegedly started fighting with his girlfriend, which led Marshall, who was sleeping on the couch at the time, to get involved. The older sister said she was at the apartment, but left before the fight broke out.

Moore’s friend was also in the apartment. She and Marshall’s sister broke up the first fight between the men, pulling them to different rooms in the apartment.

The older sister also testified that her younger sister said Moore was fighting her when Marshall broke through the back bedroom door and ended up stabbing him. Marshall said he acted in self-defense.

The prosecution questioned the legitimacy of the older sister’s testimony, referencing that she attended all of her brother’s court hearings and is interested in the outcome of his trial.

The trial is expected to continue on March 15.

Jury finds Dominique Williams guilty of second-degree murder

Dominique Williams was found guilty of second-degree murder while armed and other related charges March 13 for shooting Marcellus Green on the 3200 block of 28th Street, SE on Sept. 19, 2015.

A co-defendant, Maricco Knight, 22, was also found guilty to accessory after the fact and obstruction of justice for his role in assisting Williams, 24, while Williams was evading law enforcement prior to his arrest. Both men are scheduled to be sentenced on May 11.

Williams allegedly wanted to make a statement to the person who threatened him, and Pugh wanted seek revenge for his girlfriend, whose tires were slashed on the 3200 block of 28th Street, SE, when they shot and killed Green during a drive-by shooting. Green, 39, was not the intended target.

Williams was initially charged with first-degree murder. Steven Pugh, the third party involved with the homicide, pled guilty to second-degree murder in 2016. He has not been sentenced.

On the night of Sept. 18, 2015, Pugh, 22, told the jury that he picked Williams and Knight up from the Minnesota Avenue metro station and bought a bottle of Patron Tequila from a nearby liquor store.

Pugh said he drove by his girlfriend’s old apartment and saw two men he recognized from the neighborhood, apparently the old men were not the subjects that Williams’ or Pugh had wanted to confront. Push said he tried to stop Williams from shooting.

According to Pugh, he and the two others drove off after the shooting, and a car chase with the police ensued through D.C. and Maryland. He said he intended on driving to his mother’s house in Southwest D.C., but couldn’t shake the police. He instructed Williams to throw the gun out of the vehicle before a police car crashed into his girlfriend’s Honda Accord.

Williams was the only one in the car to avoid getting arrested on the night of the homicide.

While Williams was on the run, Knight housed him at the apartment he shared with his girlfriend on the 4000 block of Minnesota Avenue, NE in 2016. Knight also lied to the police about seeing Williams.

Expert says decedent’s injuries were defensive

A medical examiner testified March 13 that injuries on Tyrone Moore’s forearm and hands seemed as if he was protecting himself from a sharp object.

According to police records, Harold Marshall allegedly fatally stabbed Moore, 32, during a fight on the 1600 block of F Street, NE on March 22, 2015. Moore was apparently involved in a violent relationship with Marshall’s sister. Marshall has been charged with first-degree murder while armed.

The medical examiner said Moore sustained a fatal stab wound that pierced his heart and a lung. The wound was four and a half inches deep.

In addition to the medical examiner, an analyst testified that DNA results showed Moore’s profile was a highly probable match with foreign DNA discovered on Marshall’s right hand. A swab from Marshall’s left hand showed a possible, but far less probable match with Moore’s DNA.

According to the analyst, DNA was tested from 12 items on the scene and then compared to known DNA samples from Moore and Marshall, 40.

The DNA expert said blood on the walls of the back bedroom, where Moore was killed, showed a mix of two or more profiles. Additionally, DNA found on a pocket knife in the apartment was not a high enough quantity to test.

The trial is expected to continue on March 14.

Judge declares a mistrial for Marcus Manor’s homicide

After a week of deliberations, a jury’s inability to reach a unanimous decision prompted Judge Ronna Beck to declare a mistrial March 12 for the 2015 homicide of Marcus Manor. The trial began on Feb. 12.

Jurors said they were undecided on Kevin Chase’s first-degree murder charge. Also, the jury could not decide on whether Demetrius Brandon should be convicted of accessory after the fact in an assault with the intent to kill.

In a partial verdict March 8, the jury found Brandon, 30, not guilty of murder or possession of a firearm during a crime of violence.

Additionally, the jury found Chase, 30, guilty of unlawful possession of a firearm and carrying a pistol without a license. Chase was found not guilty of assault with significant bodily injury from an altercation that happened at his sister’s apartment complex four days before the homicide.

The prosecution opened their case by presenting Manor, 38, as being involved in a violent relationship with Chase’s sister since May 2015. Counsel said Manor parked outside Chase’s sister’s residence to win her back after she kicked him out on Oct. 16, 2015.

According to Chase’s sister, Manor kicked her and “put his hands” on her which led to her kicking him out.

To get rid of Manor, the prosecution said Chase decided to take the law into his own hands and called Brandon to plan and carryout the shooting.

The defense argued the homicide was not a crime; it was self-defense. Chase’s Attorney, Kevann Gardner, said that Manor threatened to kill Chase and he had no choice but to shoot.

“None of us should have to find ourselves in the place Kevin Chase found himself on that day,” Gardner said. He said Chase only protected himself, which is what the law allows.

On the day of the homicide, Chase said he told Manor to leave his sister alone, but Manor became angry. Chase said he shot Manor five times because he seemed to be reaching for a gun.

Surveillance videos from the Metropolitan Police Department and private businesses captured Chase running down the street and getting into Brandon’s car immediately after the shooting.

Brandon’s attorney, James Williams, claimed that Brandon did not have any knowledge of the shooting beforehand.

The defense also tried to establish Manor’s violent demeanor. The defense called an ex-girlfriend who had suffered from instances of abuse, such as when Manor threatened to “blow her brains out” in front of her children.

The prosecution said they would proceed with prosecuting Chase and Brandon for the charges the jury could not rule on.

Judge Beck instructed counsel to provide available trial dates to her chambers by March 19 in order to schedule a new trial. A status hearing was scheduled for March 23.

January trial date set for 2015 homicide

Counsel agreed at a status hearing March 12 to set a Jan. 22, 2019, trial date for a man accused of killing 35-year-old Eric Jackson.

Kenneth Stewart, 28, has been charged with second-degree murder while armed for the fatal shooting of Jackson on Aug. 8, 2015, on the 2200 block of Mount View Place, SE.

The defense said they received disclosures from the prosecution, requesting more time to go over prior charges against Jackson. Judge Ronna Beck said the disclosures are relevant because Stewart is claiming he acted in self-defense.

The prosecution said they will be turning over additional files shortly, and did not oppose the defense’s motion to continue the trial.

Judge Beck ordered that both parties inform the court of their expert witnesses in the case by June 1. A trial readiness hearing is scheduled for Jan. 4, 2019.

What did Moore’s friend really see?

On the third day of a murder trial, defense counsel impeached the testimony of an eyewitness.

The friend of 32-year-old Tyrone Moore said she lived with the decedent and Harold Marshall’s sister on the 1600 block of F Street, NE. Marshall, 40, has been charged with first-degree murder while armed.

According to the friend, Moore and Marshall’s sister had been in a rocky and violent relationship for more than eight years.

In the early morning hours of March 22, 2015, the friend said Moore came home drunk and got into a fight with Marshall’s sister. The two exchanged words that allegedly woke Marshall, who was sleeping on the couch at the time.

The friend testified that the fight didn’t get physical until Marshall stepped in to break things up. According to the friend, Moore swung first.

The friend said she pulled Marshall away and Marshall’s sister pulled Moore into the back bedroom. Then, according to the friend, Marshall allegedly became enraged and said he was going to kill Moore.

The friend told the jury that she saw Marshall on top of Moore in the bedroom.

The friend also said she was “nervous” and “scared” and called 911 after seeing Marshall leave with a knife.

However, during cross examination, the defense said the friend’s testimony conflicted with statements she told a grand jury and detectives.

Although she testified that Moore threw the first punch, she told a detective she didn’t know who swung first. The defense insinuated she was covering for her friend and downplaying Moore’s aggression.

Additionally, the friend admitted she lied to the detective about being in the room during the stabbing. She previously said she pulled Marshall off of Moore during the stabbing, but told the jury that she wasn’t in the room and could only see their feet. She also lied about her name to the 911 operator and a detective.

The trial is expected to continue March 13.

Judge postpones preliminary hearing for homicide case

Judge Danya Dayson postponed March 9 a preliminary hearing for a homicide because counsel needed more time to prepare their arguments.

Ashton Briscoe, 23, was arrested on Feb. 10 and charged with first-degree murder while armed for allegedly shooting Kerrice Lewis, who was also 23, on the 800 block of Adrian Street, SE, on Dec. 28, 2017.

The prosecution said that a potential witness was not yet able to watch a video they sought to introduce as evidence. Both the prosecution and defense asked the judge for more time to sort through discovery files in the case.

The hearing has been rescheduled for March 30.

Trial date set for 2 defendants charged with transgendered woman’s death

A trial is scheduled in January of 2019 for two men who are charged with allegedly fatally shooting a transgendered woman two years ago.

Jalonte Little, 26, and Monte Johnson, 21, were arrested and charged with first-degree murder while armed. The men allegedly shot Deeniquia “Dee Dee” Dodds, who was also known as Gregory Dodds, in the neck on the 200 block of Division Ave., NE on the Fourth of July. Dodds, 22, died at a hospital on July 13. Her homicide was the result of a robbery attempt.

According to Assistant United States Attorney Thomas Saunders, the prosecution discovered Little was using D.C. Jail’s mailing system to threaten witnesses. The witnesses alerted the jail.

Defense attorney Brandi Harden said Little was no longer allowed to have any visitors or phone calls. She told Judge Milton Lee the defendant had subsequently been placed on suicide watch. Shareem Hall and Cyheme Hall are also charged with the homicide.

A trial readiness hearing is scheduled for both suspects on Aug. 1.

Demetrius Brandon found not guilty of murder charges

After two days, a jury found March 8 Demetrius Brandon, 30, not guilty of murder or possession of a firearm during a crime of violence for the alleged shooting of 38-year-old Marcus Manor.

Manor was shot and killed on the 2900 block of Sherman Ave, NW on Oct. 20, 2015. Kevin Chase said he allegedly shot Manor in self defense after his life was threatened, but Manor was not armed. Witnesses testified that Manor was a violent individual. Counsel also said Manor was involved in an abusive relationship with Chase’s sister.

Jurors could not reach a decision on Chase’s first-degree murder charge. The jury could also not decide if Brandon should be charged with accessory after the fact in an assault with the intent to kill. According to counsel, Brandon picked Chase up at a nearby gas station after the shooting and drove him away from the scene.

The jury is scheduled to return on March 12 to continue deliberations.

Son says his father intended to kill Moore

The 17-year-old son of Harold Marshall testified March 8 that his father intended to kill 32-year-old Tyrone Moore to protect his aunt and sister.

Marshall’s son, who was 14-years-old at the time, said that on March 22, 2015, the day of the stabbing, he lived with his mother but was spending time with his father at his aunt’s apartment on the 1600 block of F Street, NE.

Marshall’s son said Moore, who was in a relationship with his aunt, went to the apartment angry. Moore accused the aunt and her female friend of stealing money and drugs, the son said.

According to the son, Moore cornered his aunt in the kitchen with a knife, which prompted Marshall to get involved and break up the altercation. From there, Moore and Marshall, 40, got into a physical confrontation.

Marshall’s son said the women tried to break up the fight by the aunt taking Moore into the bedroom, and her friend taking Marshall to the living room. However, the friend could not keep Marshall in the living room, and he went after Moore again.

“I’m going to kill this n*****,” Marshall said before kicking down the bedroom door. According to the son, Marshall had a knife in his pocket. The son said he had never seen Marshall that upset before, and refused to look in the bedroom because he “knew someone one was getting killed.”

However, the defense impeached the son’s testimony by reading statements he previously made to a grand jury.

Marshall’s son told the grand jury that he didn’t hear Marshall say he was going to kill Moore until he was actually in the bedroom. He also told the grand jury he saw Moore push his aunt, but, he did not recall the statement during trial.

Additionally, the defense pointed out that Marshall’s son was not in the bedroom during the stabbing, so he couldn’t know if Marshall acted in self-defense.

The son said his statements to the grand jury may have been inaccurate because he was “14 years old and scared.”

Marshall’s sister confirmed that she and Moore had a violent relationship that would sometimes get physical. But, she said Moore did not actually hit her on the night of his death. The sister told the jury that she witnessed Marshall stab Moore.

According to the sister, Moore and Marshall had a “love hate” relationship and had previously gotten into two physical altercations.

Marshall’s sister confirmed that Moore swung first, but, she said, Moore never pulled out a weapon.

The sister is expected to continue her testimony on March 12.

Christian Romero Found Guilty of 2nd Degree Murder

The man arrested in 2016 for the fatal stabbing of Dimas Fuentes Lazo was found guilty Feb. 23 of second-degree murder while armed. He is scheduled for sentencing on April 27, 2018.

Christian Romero was arrested in June of 2016, for the murder of Lazo, 38, on the 800 Block of Kennedy Street, NW. DNA recovered from the scene, including a Coca-Cola bottle, a knife and a broken watch connect 23-year-old Romero to the scene of the crime, along with witness testimonies and video surveillance footage, according to the charging documents.

The Metropolitan Police Department first arrested Francisco Daniel Ayala, who, at the time was 23 years old. Ayala presented an alibi and charges were later dropped.

On the night of the homicide, Romero, 25, who is a resident of Hyattsville, Md., was apparently looking for a lounge in the area. According to testimony from Romero and other witnesses, Romero smacked the rearview mirror of a witness’ car so hard that he broke it.

The jury was presented with different scenarios of the timing of events minutes before the homicide. According to surveillance videos, Romero, Lazo and a witness were seen talking after the witness told or yelled out to Romero after he broke his rearview mirror. Romero is seen crossing the street and conversing with Lazo and another witness, throwing his hands up several times during the conversation.

According to Romero, he was saying he didn’t want any trouble. But, the prosecution says he was being volatile and cursing. The prosecution also pointed out that the witness and Lazo both stepped back from Romero throughout their interactions leading up to the fight.

According to surveillance video, Romero is seen thrusting at both Lazo and another man, who was Lazo’s friend. After the friend runs behind a car, Romero is seen stabbing Lazo multiple times.

Romero claims self defense. He said Lazo was standing when he ran. Surveillance videos confirm that Lazo was standing at the time Romero ran, but within minutes Lazo collapsed to the ground.

The prosecution said that if Romero thought he was in real danger, he would have stopped someone or an officer, but he never did.

Counsel delivers opening statements for 2015 homicide

Counsel delivered their opening statements March 7 for the 2015 homicide of 32-year-old Tyrone Moore.

According to the prosecution, Harold Marshall, 40, fatally stabbed Moore on the 1600 block of F Street, NE, on March 22, 2015, in a deliberate attempt to kill.

Moore was allegedly in a relationship with Marshall’s sister, and counsel agreed that the two had a controversial relationship.

The prosecution said Marshall and his 14-year-old son were at his sister’s home with Marshall’s sister, her two young children and a female friend for a family gathering on March 21, 2015. Moore allegedly came home angry and thought someone in the house stole his marijuana.

According to the prosecution, Marshall was awoken by Moore’s outburst and initiated a physical altercation with Moore. From there, the two women separated the fight, with Moore retreating to the back bedroom and Marshall in the kitchen.

“I’m going to kill that n*****,” Marshall said before kicking in the bedroom door, according to the prosecution. The prosecution said Marshall proceeded to stab Moore.

When Marshall was spotted about an hour after the homicide, the prosecution noted that Marshall never told police that he acted in self-defense or to protect his sister.

However, the defense told a drastically different story. The defense said Marshall is completely innocent and acted within the law.

According to the defense, Moore had a history of abuse and beat Marshall’s sister while she was pregnant.

The defense said that Moore came home drunk on March 22, 2015, and cornered Marshall’s sister in the kitchen with a knife, accusing her friend of stealing his drugs. When Marshall tried to break up the fight, the defense said Moore stabbed Marshall twice. The ladies separated the men.

According to the defense, Marshall went into the room unarmed and tussled with Moore over the knife he supposedly brought with him into the bedroom. The defense said Moore’s aggression led Marshall to have no choice but to protect himself and his sister.

A Metropolitan Police Department sergeant, who arrested Marshall, said he was cooperative during his arrest. The sergeant said Marshall didn’t mention he was stabbed or acted in self-defense during questioning.

The trial is expected to continue on March 8.

Defense in traffic homicide mull over plea offers

The defense in a 2017 homicide trial indicated that it needed more time to contemplate possible plea offers and review discovery files at a felony status conference March 7.

Lavonne Beckett, 39, has been charged with involuntary manslaughter for crashing a vehicle and killing a female passenger on the 600 block of Florida Avenue NE on Aug. 5, 2017. Beckett allegedly told police he smoked PCP before driving.

Judge Ronna Beck set no further status dates because the case is pending grand jury action.

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