The prosecution argued a homicide resulted from the suspects’ greedy intent to steal cars in opening statements before a jury in DC Superior Court Judge Michael Ryan’s courtroom on April 27.
D’Andre Montgomery, 20, is charged with conspiracy, felony murder while armed with aggravating circumstances, premeditated first-degree murder while armed, assault with intent to kill while armed, attempt to commit robbery while armed, four counts of possession of a firearm during a crime of violence, carrying a pistol without a license outside of a home or business, and unauthorized use of a vehicle during a crime of violence. The charges stem from his alleged involvement in the fatal shooting of 28-year-old Kenneth Barksdale at the 1200 block of 44th Place, SE on Dec. 16, 2023.
Kevin Hider, 20, and Eric Sheffield, 21, also face charges for their alleged involvement in the incident. Hider is charged with first-degree murder while armed. Sheffield is charged with the same as Montgomery. Hider and Sheffield’s trials will be independent from Montgomery’s.
“Hey mom, I can’t find my phone. I’m going to check my car,” the prosecution said Barksdale told his mother right before the incident. The prosecution depicted the events before Barksdale’s death. They said he brought his one-year-old son to his mother’s house and changed his diaper. Barksdale subsequently realized his phone was left in his car, a Ford Thunderbird, parked outside.
When he went outside, the prosecution said, Barksdale saw a car “slowly and methodically” drive up, with who prosecutors claim was Montgomery pulling on his car door handle. “What’s up bruh,” Barksdale said. According to the prosecution, within a minute Montgomery and his accomplices in the car began shooting at Barksdale.
“What you will hear are the gunshots that so callously ended Barksdale’s life,” the prosecution said. The prosecution presented surveillance footage of the shooting in which Barksdale sustained two gunshot wounds.
The prosecution argued Montgomery and his former co-defendants conspired to steal multiple cars leading up to the incident. According to the prosecution, the suspects stole three cars prior to Dec. 16, 2023. “They were greedy for more,” the prosecution said regarding the attempt to steal Barksdale’s vehicle.
Barksdale’s death was a way to cover-up their actions by eliminating a witness, the prosecution argued. The suspects were prepared with at least three firearms, said prosecutors.
Montgomery, the prosecution characterized, was the “boldest” of the suspects, reportedly stealing the cars while on GPS monitoring for a prior offense.
“The heartbreaking reality is he really did leave his phone in the car,” the prosecution said, noting Barksdale’s cell phone was later found in his car.
Montgomery’s attorney, Charlotte Gilliand, argued Barksdale’s death was not her client’s fault. No one was ever meant to get hurt, Gilliland said.
She continued, Montgomery’s involvement was a “crime of opportunity, a crime of poverty,” not felony murder.
The night of the incident Montgomery and his co-defendants were “checking cars,” an activity Montgomery grew up doing to provide for himself as a child, said Gilliland.
When they approached the Thunderbird, he reportedly saw a phone light up. Montgomery opened the door to search for contents. While inside the car, he saw Barksdale rush down the porch, holding something in his waistband. Gilliland said Barksdale and Montgomery began to tussle.
“It’s chaos,” Gilliand said.
Before the shooting, Gilliland reported that Montgomery yelled “no,” but it was too late. Someone from the back of the car, Gilliand argued, began shooting.
Additionally, Gilliand argued the felony murder charge against Montgomery was unfounded. Under the conditions of felony murder charges, in order for Montgomery to be found guilty, there must have been a robbery at the time of death. Gilliland argued there was no robbery as Montgomery never took anything from Barksdale directly.
Montgomery had no idea what was going to happen that night, Gilliland concluded.
Parties are slated to reconvene on April 28.
