Shooting Defendant Requests Dismissal, Alleges Evidence Violation

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A shooting defendant’s attorney filed a motion to dismiss his case due to alleged evidence violations before DC Superior Court Judge Errol Arthur on Aug. 7.

Keith Walker, 30, is charged with assault with a dangerous weapon for his alleged involvement in a shooting in which an individual sustained an injury to the ankle. The incident occurred on March 7, on the 3100 block of Buena Vista Terrace, SE.

On Aug. 6, Tamara Jones and James King, Walker’s defense attorneys, filed a motion requesting his case be dismissed or the prosecution be forced to comply with Brady rule, which obligates the prosecution to provide evidence favorable to the defense.

In the motion, the defense cites the prosecution’s alleged failure to divulge contradictory statements made by the victim and witnesses to the grand jury, which they need to accurately investigate and build their case.

King stated the prosecution told the defense they are unable to disclose the information since it involves an ongoing investigation. However, King says that puts Walker’s case at an unfair disadvantage.

“We need this information as soon as possible so [we] can investigate properly,” King told Judge Arthur.

Judge Arthur granted the prosecution a week to respond to the motion in writing, and stated they would discuss the issue on Aug. 20.

The defense also filed a motion to reconsider Walker’s detention, with King claiming, “This is an unlawful detention of [Walker].”

According to the defense, Walker should be released because DC Superior Court Judge Eric Glover and the prosecution failed to provide findings of fact during his preliminary hearing on May 15 that would prove detention is necessary.

Jones argued Judge Glover stated Walker could be considered dangerous, but never discussed the less restrictive conditions that are available to guarantee the community’s safety.

Jones also claimed Walter has been illegally detained for three months.

Judge Arthur stated he would listen to the recording of the May 17 hearing, and reach out to Judge Glover to hear his arguments about why Walker must remain detained, before he makes a ruling.

Furthermore, Walker asserted his right to independently test DNA evidence recovered at the crime scene. According to the prosecution, they recovered three cartridge casings that will not be tested.

Because Walker has chosen to do his own evidence testing, King stated the trial, which was previously scheduled for Aug. 20, will need to be delayed in order for a lab to analyze the samples before trial.

The prosecution requested they hold off on setting a new trial date in order to check witness availability.

King was also concerned the prosecution has yet to indict the case, and stated they could fail to meet the Aug. 15 deadline. However, the prosecution assured Judge Arthur that they will have an indictment in the next few days.

Parties are slated to reconvene Aug. 20 to discuss the outstanding motions.