Prosecution Moves to Get Statement Admitted As Evidence in Murder Trial

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A murder trial was delayed March 27, as the parties spent time litigating a statement made by the recently severed defendant, Tre’Quan Nelson, 25, before DC Superior Court Judge Rainey Brandt.

Demonte Gibson, 27, and Asani Forte, 26, are charged with first-degree premeditated murder while armed, conspiracy, assault with intent to kill while armed, assault with a dangerous weapon, three counts of possession of a firearm during a crime of violence, and destruction of property for their alleged involvement in the murder of Delonte King on Nov. 3, 2021, on the 2800 block of 14th Street, NW. Gibson is additionally charged with unlawful possession of a firearm with a prior conviction.

The prosecution argued that Nelson’s statement, identifying himself from a still image pulled from a surveillance video, during a police interrogation was going against his best interest and potentially exposed himself to criminal liability for conspiracy. The prosecution moved for the statement to admitted into evidence.

The defense disagreed, emphasizing that the statement was made after the homicide, so it could not have contributed to the conspiracy that occurred before.

Judge Brandt agreed with the prosecution in that the statement was not hearsay, and admitted it into evidence using the statement against penal interest exception. She was hesitant to allow the prosecution to play a full 29-minute video of the interview, but ultimately granted it to give the prosecution some latitude in meeting their burden of proof.

Prosecutors called on a Metropolitan Police Department (MPD) officer who worked on the crime scene on the day of the shooting, to finish up his testimony from March 25.

Gibson’s defense attorney, Kevann Gardner, questioned the officer on the details of the investigation, raising doubt by mentioning the gusts of wind that could have altered evidence.

Prosecutors also called a MPD detective who worked alongside the lead detective in the investigation. He testified to the steps he and the lead detective took in their investigation, specifically the interview they conducted with Nelson.

The prosecution played the video of the interview, talking the detective through the actions, words, and body language of Nelson on that day. The witness testified to believing that Nelson was lying during much of his interview, as well.

On cross examination, Susan Ellis, Forte’s defense attorney, questioned the detective’s expertise in identifying Nelson as a liar.

She specifically noted that the interview was the first time the detective had met Nelson and would not have been able to compare his demeanor in the interview to his normal behavior.

Additionally, she highlighted that the detective does not have any specialized training in reading body language or drawing conclusions beyond his own experiences.

Parties are slated to continue with trial on March 28.