Trial Date in Homicide Case Delayed Almost Two Years

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On Feb. 22, DC Superior Court Judge Anthony Epstein reluctantly granted a defense attorney’s request to continue a trial date for a homicide case by nearly two years.

Kirk Spencer, 29, is charged with first-degree murder while armed and possession of a firearm during a crime of violence, for his alleged involvement in the fatal shooting of 49-year-old Marcus Covington. The incident occurred on Feb. 23, 2021, at the Anacostia Metro Station on the 1000 block of Howard Road, SE.

According to Metropolitan Police Department (MPD) documents, there is surveillance footage of an individual, identified as Spencer, hugging and chatting with Covington briefly before shooting him at least three times at “near point-blank range” and then fleeing the station.

On Feb. 21, Spencer’s defense attorneys, Kevin Mosley and Rachel Cicurel, filed a motion to continue the trial date, which was originally scheduled for March 18, stating that Mosley’s recent appointment to the case made it difficult to prepare for trial.

During the hearing, Mosley added that he had previously made arrangements to watch his child participate in collegiate sporting events, and cannot be in the District during the trial dates.

The prosecution opposed the request, stating that Cicurel had told the judge and the prosecution they were ready for trial a month ago.

They added that, if the trial is delayed, it’d be a major inconvenience to the prosecution, stating that the US Attorney’s Office (USAO) is “inundated with pending cases,” and they hoped to resolve this one soon.

Cicurel and Mosley added that the Public Defender Services (PDS) is experiencing a large turnover of employees, and Mosley has been assigned to multiple homicide cases, which will prevent his preparation for the trial.

He added he is “not willing to give up” watching his child do college sports.

Judge Epstein “reluctantly” granted the motion, stating he’s not forcing Mosley to miss out on an important personal activity and noted that Spencer voiced his acceptance of the trial delay in order to get effective representation.

A new trial date was scheduled for January 2026.

Parties are slated to return Dec. 12, 2025.

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