Self-Defense Remains Plausible in Homicide Case, Judge Rules

By Kehinde Fadele [former] , Graham Krewinghaus [former], Natalie Tarby [former] - August 29, 2022
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

During an Aug. 29 preliminary hearing, D.C. Superior Court Judge Maribeth Raffinan ruled that a fatal shooting of a 21-year-old man has enough evidence to go to trial. 

On March 20, 2021, Metropolitan Police Department detectives received reports of a shooting on the 100 block of Madison Street NE. Nyjell Outler,19, allegedly shot and killed 21-year-old Demetris Johnson and injured another. Outler fled the scene after the shooting and was on the run for 11 months before being apprehended in February of 2022. He was on the U.S. Marshals’ Top 15 Most Wanted list and was aware he was wanted even when he returned to D.C., according to court documents.

The lead detective on the case said there was one victim pronounced dead at the scene and another victim severely injured who sustained two gunshot wounds to the legs and was sent to the hospital. 

The prosecutor said the only gun found on the scene belonged to Johnson, but that four shell casings from a different gun were found at the site as well. Although the suspected murder weapon was not found, the casings, according to the prosecutor and the witness, were those of an assault rifle.

“If firing towards a gender reveal party, where he knows there are people, is not conscious disregard,” the prosecutor said, “I don’t know what would be.”

Judge Raffinan agreed with the prosecution, saying Outler’s actions met the standard of conscious disregard. She went on to say that while there can be no question on the identity of the shooter, given overwhelming video and GPS evidence, it could only be speculated to what extent Outler acted in self-defense.

Surveillance video of the party did not record audio and did not show the fronts, notably the waistbands, of the three men that approached Outler shortly before he fired. Outler said they were armed and expressed intent to rob him.

Defense Attorney Gemma Stevens argued that any attempts to speculate were on shaky legal ground at best.

When the prosecution asked the witness to describe the intent of the three men, he attempted to “read some tea leaves and say that nothing dangerous was happening to the defendant,” Stevens said. 

Stevens also said that, during his interview with the police, Outler told detectives he was in fear for his life when he was approached. 

However, the fear of robbery was disputed by several witnesses who were on the scene, as well as one Webex viewer, who held up a sign that read “wasn’t nobody tryna rob that dirty ass crack baby, he shot that mf in the back.”

Though Judge Raffinan ruled against substantial probability, she did not grant Outler conditional release, noting that he had other pending felony trials in the DC. Outler will remain detained at the D.C. Jail.

He is scheduled to return to court on Dec. 9 for a status hearing.