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By
D.C. Witness Staff
- August 30, 2019
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During a status hearing on Aug. 29, the prosecution filed a motion to introduce new firearms evidence against a murder defendant.
Master Matthew Thomas, 33, is charged with felony murder while armed and possession of a firearm during a crime of violence for allegedly shooting 59-year-old Chijioke Agbakahi. Thomas is also charged with first and second-degree murder in Prince George’s County, Md.
The prosecution was able to recover shell casings from a .40 caliber pistol on both the DC and Prince George’s County crime scenes. A firearm’s expert said the casings were fired from the same weapon.
Thomas was seen by a witness in Maryland carrying that weapon, although he was not seen firing it, according to court documents.
The prosecution argued that since Thomas was seen carrying the gun in Maryland, and that, according to the expert, the same gun was used to murder Agbakahi in DC, the evidence should be admissible during trial.
Defense counsel Heather Pinckney argued that Thomas was not seen on video firing a gun in DC, and that even if the shell cases match the same weapon, that would not necessarily mean that Thomas ever fired the weapon.
Pinckney also noted that officers from the Prince George’s County Police Department lost the recording of the interview of the identifying witness. Pinckney said that because of the lost recording the defense will not have an opportunity to challenge the witness’s identification of Thomas.
DC Superior Court Judge Craig Iscoe said he would rule on whether to admit the firearms evidence at the next hearing.
Thomas is scheduled for a status hearing on Sept. 5.