Shooting Video ‘Spoke for Itself,’ Judge Says, Finding Probable Cause

By Alex Garcia Pecina - September 30, 2024
Daily Stories | Non-Fatal Shooting | Suspects |

DC Superior Court Judge Rainey Brandt found there was enough evidence to take a shooting case to trial on Sept. 27 because of video footage of the defendant allegedly shooting the victim.

Marcus Martin, 28, is charged with assault with intent to kill while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction. The charges stem from his alleged involvement in a shooting on the 4200 block of East Capitol Street, NE, on Jan. 11.

The prosecution called the lead detective in the case to testify about the investigation and video footage of the shooting. 

The detective said Martin’s Community Supervision Officer (CSO) identified him as the shooter in the video.

The footage showed an individual identified as Martin arriving at an apartment entrance as the victim’s car pulled up. On seeing the car, the individual shook his head and walked out of view of the camera. After some time, the individual came back into view and waited for the victim to leave his car before shooting him. The victim was able to run away from his attacker and get help.

During cross examination, the detective said the victim could be seen reaching into his jacket pocket right before Martin shot him. He said the victim lied about the incident when police first interviewed him.

The prosecution argued there was enough evidence to find probable cause for assault with intent to kill while armed and the other charges. They said the identification of Martin as the shooter was strong and Martin’s self-defense claim was debatable because the victim said he was reaching for a phone.

Quo Judkins, Martin’s attorney, argued there was insufficient evidence to go to trial. She said the victim’s initial dishonesty with police meant the victim’s reason for appearing at the apartments was still a question.

Judkins said the victim’s reaching into his pocket right before the incident supported a potential self-defense argument.

Judge Brandt said the video “spoke for itself,” and a reasonable inference of intent could be drawn from Martin’s actions in the video.

Judkins asked the court to release Martin to home confinement with global positioning system (GPS) tracking. She argued that he had a wife and children to take care of and would comply with release conditions.

The prosecutor argued the offense was dangerous and Martin had already been identified as the shooter. He asked the court to keep Martin in detention.

Judge Brandt denied Martin’s release.

Parties are slated to reconvene Nov. 22.