Prosecutors Claim Defendant’s Purpose Was to ‘Kill, Kill, Kill’ 

By Phoebe McConnell , Kelsey Ball - November 22, 2024
Court | Daily Stories | Homicides | Shooting | Victims |

Parties gave their closing arguments to a jury in a gang-related murder trial on Nov. 21 before D.C. Superior Court Judge Maribeth Raffinan.

Tony Morgan, 31, is charged with conspiracy, first-degree murder while armed under aggravating circumstances, two counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, and unlawful possession of a firearm for his alleged involvement in the fatal shooting of Malik McCloud, 19, on the 3500 block of Wheeler Road, SE on Oct 20, 2018.

Morgan’s alleged accomplice, Martinez Raynor, 26, slowly rode around the block with him, in a stolen Audi, and Morgan allegedly fired shots, hitting McCloud, paralyzing him. Seconds after they drove off, the stolen car came back to fire the fatal shots, killing McCloud.

Morgan and Raynor were allegedly involved in the so-called Solid Gang, rivals with the PDS gang, which included McCloud.

Defense counsel, Steven Kiersh and Megan Allburn, argued that Solid Gang was a rap group, rather than a street gang. The prosecution argued that while Solid Gang makes rap content, they also have a history of criminal behavior. Morgan posted about Solid Gang on Instagram stories which were presented in court and notable for their vulgar language, threats, and firearms imagery. 

The prosecution also showed Instagram video calls between Raynor and Morgan from the day of the incident. According to the prosecutor, the last call occurred an hour before the shots were fired. Following McCloud’s murder, Morgan and Raynor allegedly began calling one another again. 

During the prosecution’s closing arguments, they stated that the main motive was gang rivalry and that everyone in the car knew the purpose was to “kill, kill, kill”. Shots continued from the vehicle even after McCloud had been disabled, creating a “hail of gunfire,” according to the prosecutor.

Autopsy photos showed McCloud’s wounds to his back and left side, which a medical examiner had previously testified were the result of a fatal trajectory. According to the examiner, the bullets traveled through McCloud’s lungs and heart.

They also noted the person in the car shooting was wearing a black ski mask, pre-Covid, which was later recovered in the suspect vehicle. The prosecution stated that samples closely resembling Morgan’s DNA were found on the mask,along with two water bottles found in the backseat of the vehicle.

Defense attorney, Steven Kiersh, argued DNA evidence could not show a certain time when the DNA first appeared. Additionally, no DNA of Morgan was found on the exterior or interior of the vehicle. 

The defense counsel noted that throughout the jury trial, no eyewitness identified Morgan as the shooter. Not one person said he fired shots or was responsible for anyone’s death. 

At the end of their rebuttal, the prosecution laid out all of the facts and evidence saying the shooter was wearing a mask strongly consistent with Morgan’s DNA, Morgan and Raynor were close; their phone locations were consistent with the shooting and dumping of the vehicle; their Instagram calls and messages were consistent with the shooting, and McCloud was affiliated with the “opps,” or rival group.

According to the prosecution, the evidence proves that “Tony Morgan is not the unluckiest man in the world”, but is involved with this crime. 

Parties will continue in jury trial on Nov. 22.