‘There is Far More Than Probable Cause,’ Says Judge as Rules in Homicide Case

By Carmen Quinteros , Maria Andrea Morales - April 10, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

On April 9, DC Superior Court Judge Anthony Epstein found probable cause to bring co-defendants’ homicide cases to trial. 

Dallas McKinney, 19, and Charles Owens, 24, are charged with first-degree murder while armed for their alleged involvement in the death of 10-year-old Arianna Davis on the 3700 block of Hayes Street, NE, on May 14, 2023. 

According to court documents, Davis was in a vehicle with her family as they drove past a shootout when a stray bullet struck her. She was taken a hospital where she died on May 17. 

In the hearing, the prosecution introduced a detective from the Metropolitan Police Department (MPD), who acted as the lead detective of this case, as a witness. 

The detective used Instagram records received from. the Meta social media company, regarding an account that is allegedly connected to McKinney. 

The prosecution then showed a video of McKinney that was archived from the day of the shooting apparently wearing the same clothes that one of the shooters was seen wearing in surveillance footage of the incident.

During cross examination, McKinney’s defense attorney, Rachel McCoy, confirmed with the detective that the only evidence identifying McKinney as one of the shooters was his clothes. She noted that these are common articles of clothing with nothing distinctive about them–a blue shirt, ripped jeans, and white shoes. 

She stated that pictures and videos can be taken a certain day and later posted on Instagram with that date instead. 

Owens’ defense attorney, Stephen LoGerfo used the affidavit written by the detective to support his argument that witnesses at the scene never identified Owens as one of the shooters.  

Both defense attorneys asked Judge Epstein not to find probable cause, arguing the individuals identified as the defendants were wearing common clothing, as shown on poor quality surveillance footage. They also voiced that the “only connection is assumption.” 

However, Judge Epstein stated “There is far more than probable cause.” 

Judge Epstein agreed with McCoy when she argued that there was nothing distinctive about the clothing items the individual identified as McKinney was wearing, noting that none of the items are distinctive by themselves, but argued that they are distinctive when they are worn together.  

McCoy requested McKinney be released, stating he has ample support in the community and the DC Jail does not provide him resources he needs as he awaits his trial. She requested he be released to home confinement.

Judge Epstein denied the release, following the prosecution’s opposition in which they deemed McKinney a danger to the community. 

LoGerfo did not make arguments for Owens’ release.  

Parties are set to return June 21.