‘The Evidence is Seriously Problematic,’ Defense Says

By D.C. Witness Staff - February 27, 2020
Court | Daily Stories | Homicides | Suspects | Victims |

During a preliminary hearing on Feb. 26, the defense argued that the evidence did not connect the defendant to the scene.

Diantre S Smith, 43, is charged with first-degree murder while armed for allegedly shooting Nyesha Lenea Galloway, 28, on Dec. 20, 2019, on the 400 block of 42nd Street., NE in December.

A Metropolitan Police Department detective revealed inconsistent time frames that connect Smith to the murder. 

Smith’s attorney, Madalyn R. Harvey, explained that the timestamp of the video submitted by the prosecution and witness statements on the timeframe do not add up. The times show the window in which Smith allegedly committed the murder to be too narrow. 

Harvey said the evidence the prosecution was relying on was weak and did not definitely connect Smith to the crime. 

The defense also argued that since the prosecution had only proven probable cause, Smith should be granted release under home confinement. Harvey said Smith was not a danger to the community, adding that Smith has serious health issues and was recovering from multiple gunshot wounds.

He would receive better care at home than in prison, Harvey said. 

The prosecution opposed the request for release.

The prosecutor said that Smith was both a danger to the community and a flight risk. Smith has priors with weapons and previously shot at law enforcement, the prosecution said.

DC Superior Court Judge Juliet J. McKenna denied the request for release. She said there were no combination of release that would ensure the safety of the community, or that Smith would return before the court. 

Smith is scheduled for a felony status conference on May. 8.  

This article was written by Lea Gianasso.