Substantial Probability Defendant Killed Victim, Judge Says

By D.C. Witness Staff - August 31, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

A judge ruled Aug. 30 that a murder defendant would more than likely be found guilty without a reasonable doubt.

Marcus Whitaker, 28, is charged with second-degree murder while armed for his involvement in the murder of 22-year-old David Hart at an apartment complex on the 4300 block of 4th Street, SE in July of 2018.

During the preliminary hearing, DC Superior Court Judge Todd Edelman ruled that there was substantial probability that Whitaker killed Hart.

Judge Edelman said his ruling stemmed from the fact that Whitaker was placed at the scene by every witness, including his girlfriend.

Judge Edelman also said that even though the victim punched Whitaker first, he was not acting in self-defense when he used deadly force.

Judge Edelman decided to hold Whitaker without bail.

According to court documents, Whitaker was called by his girlfriend who had been punched by another witness. Whitaker arrived and encouraged the two women to fight while Hart was trying to diffuse the situation.

Hart and Whitaker then walked over to a dumpster located in the apartment complex’s parking lot. The two were wrestling on the ground when Whitaker pulled out a gun and shot Hart, documents state.

Whitaker is scheduled for a status hearing on Oct. 25.