DC Superior Court Judge Danya Dayson decided to keep a young carjacking defendant in jail to ensure the safety of the community on Dec. 2.
Andre Whitfield, 17, is charged with two counts of armed robbery, two counts of armed carjacking, and two counts of possession of a firearm during a crime of violence for his alleged involvement in incidents that occurred on June 8 at the intersection of Georgia Avenue and W Street, NW and on June 10 on the 200 block of Massachusetts Avenue, NW.
Whitfield is being charged as an adult under Title 16 which allows prosecutors latitude in more serious cases.
A detective explained they used CCTV footage to track individuals on mopeds who were leaving and returning to the apartment complex where the defendant lives. This occurred for several incidents where the group left, allegedly performed a carjacking of another moped or scooter used in deliveries, and returned to the apartment complex with the vehicles.
On June 8, six individuals were seen leaving and returning on mopeds. Two incidents occurred that day, only one of which Whitfield is charged with. Defense attorney Steven Roman alleged that the victims had both only said two people carjacked them, meaning at most four people had actually performed the carjacking. He claimed that the detective could not know if Whitfield was one of the four who participated in the carjacking.
However, footage from the same day showed all six individuals removing objects from the allegedly stolen moped, including the victim’s phone, which was later found by police. This, the detective claimed, proved Whitfield’s involvement.
Neither victim from the June 8 incidents identified their carjackers. However, Whitfield identified himself in surveillance footage to police by a black hoodie he was wearing.
On June 10, two scooters left with three people on them. Three scooters returned with four people. Whitfield is allegedly the driver of one of the scooters, with someone behind him also on the moped. Once again, he had identified himself to the detective in a still from the footage.
After the carjacking on the tenth, the group was seen in CCTV footage riding the mopeds around the area of the apartment complex. The detective said she could not know for certain if Whitfield was riding a stolen moped.
Roman pointed out that none of the victims identified any of the suspects as their carjackers. However, Whitfield fit many of the descriptions provided, most of which included a young Black male of thin build, between the ages of 16 and 20.
A search of the apartment where Whitfield lived allegedly led police to discover a black handgun from under his mattress. The weapon was an enhanced ghost gun, which was loaded when the gun was recovered. There was additional ammunition found in the home.
The prosecution argued that probable cause was evident. She claimed that Whitfield was aiding and abetting as the driver of the mopeds before and after the incidents and that he likely knew they were armed due to the number of incidents, including those Whitfield is not charged for. She also pointed out that Whitfield identified himself as part of the group twice.
Roman claimed there was no probable cause, as there is no evidence that Whitfield was present at the carjackings. He said that the detective’s investigation only proved that he had left and returned to an apartment complex where he lived with his parents.
Judge Dayson noted that the affidavit the detective had written and adopted as part of her testimony explained that video footage showed the group surrounding the victim on June 10, clearly demonstrating that Whitfield had at least aided and abetted the group.
She found probable cause and held Whitfield, despite arguments from the defense to release the defendant and provide restrictions so that he could only travel between work and school. Due to the what the prosecution says are the number of carjackings and the weapon found in the home where Whitfield was living, Dayson expressed that she could not fashion conditions that would ensure the safety of the community.
Parties are slated to reconvene Jan. 5.
