A murder victim’s friend testified about a pop-up marijuana shop they hosted together at a Georgetown house in a trial before DC Superior Court Judge Michael Ryan on Sept. 15.
Michael Sanders, 32, and Darnell Resper, 33, are charged with conspiracy, first-degree felony murder while armed, assault with a dangerous weapon, attempt to commit robbery while armed, three counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction of more than one year. The charges stem from their alleged involvement in the fatal shooting of Youness Zarouaki, 30, on the 1000 block of Thomas Jefferson Street, NW on Feb. 18, 2021.
According to the family friend, Zarouaki lived in California, but was in DC to visit. The friend testified that he knew Zarouaki for over 10 years and they considered each other cousins.
The two attempted to run a pop-up marijuana shop in Georgetown. The friend stated that Zarouaki wanted to bring his knowledge of California’s marijuana business to the East Coast. According to the friend, a man lent the group his house to operate the store, but was not involved in the business otherwise.
While Zarouaki was the main person to communicate with clients via text, they had an additional person act as a doorman to the pop-up.
As a result of time constraints, the friend’s testimony is slated to continue on Sept. 16.
Prosecutors also called a Department of Forensic Sciences (DFS) crime scene scientist to confirm evidence she collected from a silver Mercedes that reportedly belonged to Zarouaki’s family friend. The DFS employee was not asked to preserve any biological evidence, but searched for firearms.
While no firearms were discovered, she found cell phones and compartments under the front seats that were large enough to fit firearms or illicit substances.
An MPD homicide detective, who explained that his only involvement in the case was to use a license plate database to search for a plate registered to a black Honda Accord, the vehicle prosecutors allege Sanders and Resper drove to the scene.
A former crime scene examiner with DFS explained that he logged the black Honda Accord and its belongings into photo and DNA evidence. He was tasked with searching for weapons, but found none in the vehicle.
The former DFS examiner found trash, liquor bottles, COVID-19 masks, a title to the Honda that belonged to the person prosecutors claim drove the car to the shooting, as well as mail addressed to Sanders.
In cross-examination, Sanders’ attorney, Daniel Kovler, said the DFS examiner did not swab the COVID-19 masks and liquor bottles found in the vehicle for DNA.
Prosecutors then brought a forensic firearm examiner to the stand for expert testimony. He told jurors his conclusions in the case about five bullets he examined from the scene and the victim.
The firearms examiner stated that at least two bullets came from the same or similar firearms, two came from potentially different firearms and were either partial fragments or not suitable to identify, and that one was a .38 caliber bullet.
In cross-examination, Kovler confirmed with the expert that a ghost gun could have fired any of the bullets.
A ghost gun is a custom firearm assembled from a combination of manufactured and homemade parts. These firearms lack a serial number, but could leave the same trace from bullets or casings as a commercial firearm.
Kovler then asked the expert whether factors similar to rust or dirt could also affect the ability to conclude what firearm a bullet originated from. The expert confirmed this was true, but highly unlikely.
In continued testimony from Sept. 14, the defense cross-examined a witness who was a resident at the incident location. Resper’s attorney, Jason Clark, discussed the witness’ timeline. The witness emphasized that when he went downstairs after he heard the gunshots, he did not see or hear anyone in the house, and no one entered through the front door until the police arrived.
Clark also asked the resident about text messages he exchanged with the individual who ran the marijuana pop-up shop, his involvement in the shop, and differences in his prior statements at the police station. To each question, the resident testified that he did not remember.
Kovler emphasized that the witness could not recall many details from the incident. The witness told Kovler he was unaware how a box of marijuana was moved upstairs. Kovler insinuated that if the witness couldn’t recall but had not denied any involvement.
He could have moved the box, Kovler suggested. The witness stated that he was a victim of the crime, and experienced severe trauma that affected his memory of the experience.
Kovler, frustrated by the witness’ lack of answers, asked if he was threatened with deportation or promised benefits for his testimony. The witness, who is originally from Morocco, stated that he had no concerns about deportation.
In redirect, the prosecution asked why the witness could not recall information from six years ago, to which the witness emphasized the length of time since the incident. The prosecution also confirmed with the witness that he was never threatened to testify.
Parties are set to resume on Sept. 16.
