Acquitted: Surviving Victim’s Friend Can’t Identify Deadly Shooting Suspect

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Editor’s note: On May 30, a jury acquitted Devonte Brothers of all charges connected to the homicide of Deron Leake. Brothers is still being held on homicide charges in another case.

Deron Leake‘s friend since childhood, who was wounded in the shooting that took Leake’s life, failed to identify who shot them. The testimony was presented to the jury in Devonte Brothers‘ murder trial before DC Superior Court Judge Anthony Epstein on May 20.

Brothers, 29, is charged with first-degree murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict. These charges stem from his alleged involvement in a shooting at Cascade Park Apartments on the 4200 block of 6th Street, SE, on Oct. 17, 2019.

Leake, 27, also known as “Snoop”, was killed in the incident, and the friend of Leake’s who testified on May 20 was shot in both legs.

Like a previous witness in Brothers’ trial, the surviving victim of the shooting said that he belonged to a group of four close friends centered around Leake. According to this witness, all four of them bore the tattoo “BFMB,” signifying “Bleed for my Brothers.” The witness also identified himself as the godfather of Leake’s son.

On the day of the shooting, the witness said, Leake and he spent the afternoon together, drinking, smoking marijuana, and visiting Leake’s mother, whose birthday was that day. 

The witness reported that he drove the group of four friends to Cascade Park Apartments, where, in the hallway of one of the buildings, they encountered two other young men of Leake’s acquaintance. Regarding Leake, the witness said, “He almost knew everybody.”

The witness identified one of Leake’s acquaintances by his light-colored eyes in a photo offered by the prosecution. About the other, who was the shooter, all the witness could say was that he was a brown-skinned man of medium complexion, almost as tall as the witness’ own height of six feet four.

According to the witness, Leake dapped the light-eyed man and offered his hand to the shooter, but his attempt at a handshake prompted an argument between Leake and the shooter. 

The witness said he didn’t look closely at the shooter or follow the argument because his attention was focused on trying to get Leake and his other friends out of there.

“While you were in the hallway, were you trying to get out of the hallway?” the prosecutor asked for clarification.

The witness responded, “Get out of the whole neighborhood.”

According to the witness, the argument ceased once the four friends and the two other men all left the building, but a minute later the witness heard the shooter say, “Give me that,” or, “Hand me that,” asking the light-eyed man for a gun. 

The witness reported that gunshots immediately followed.

“I heard the two first ones, and when the next one went off, I was hit,” the witness stated. “I got shot. I tried to run and fell.” 

He said he couldn’t see his friends or anyone else in the chaos. “The whole time I was getting up and falling, they were shooting.”

The witness testified that he pulled out a pistol he was carrying and began shooting back from where he lay on the ground. When the gunfire stopped, the witness said he tried to get rid of his pistol before the police arrived, but he was arrested for illegal possession of a firearm and taken by ambulance to the hospital, where he spent nine days being treated for his injuries.

About Leake, the witness stated, “I didn’t know he was dead until I was in the hospital.” When the prosecutor asked what the witness was doing while the police prepared him to travel to the hospital, he answered, “Asking was my brother there,” referring to Leake.

In cross-examination, Brothers’ attorney, Dominique Winters, challenged the witness’ claim that he didn’t turn to see the shooter attacking Leake.

“If someone has a gun handed off to him in front of you and walks past you to get to your brother, you keep your back to him–that’s what you’re telling me?” Winters demanded.

“I wouldn’t have gotten shot on the left side of my leg if I’d been facing him,” the witness asserted as evidence that he was telling the truth.

Winters played body-worn camera footage of Metropolitan Police Department (MPD) officers interviewing a person alleged to be the witness in a hospital bed immediately after the shooting. 

In the clip, the hospital patient says, “So by the time I turned around, the dude was in my brother’s face. All I heard was pow.”

The witness affirmed that he was the patient in the footage but said he didn’t remember making that statement.

“You’re not willing to identify the wrong person as the shooter,” Winters suggested to the witness. “You’re not willing to risk identifying the wrong person.” 

To both statements, the witness responded, “Yes.”

In redirect examination, the prosecutor nudged the witness toward acknowledging different motives for his reticence about the shooter’s identity.

“If you had seen anyone pointing a gun at Deron [Leake], what would you have done?” the prosecutor questioned the witness.

“They would have been shot,” the witness replied.

“Who would have shot them?” the prosecutor asked for clarification.

“I would have,” the witness stated.

“If you could have seen the shooter, would you have told the police who shot your brother?” the prosecutor inquired.

After a moment’s hesitation, the witness answered, “No.”

“Could you see the shooter?” the prosecutor followed up.

Without any hesitation this time, the witness denied it.

The trial is scheduled to resume on May 21.