DC Superior Court Judge Neal Kravitz denied a homicide defendant’s motion to dismiss or release on Jan. 23, as she advocated for medical attention.
Nakita Walker, 46, is charged with three counts of second-degree murder, fleeing a law enforcement officer, and assault with a dangerous weapon for her alleged involvement in a car accident on March 15, 2023 that killed Mohamed Kamara, 43, Jonathan Alberto Cabrera Mendez, 23, and Olvin Josue Torres Velasquez, 22, on Rock Creek Parkway.
Judge Kravitz asked Walker if she wanted the prosecution to conduct further DNA testing on the driver’s side airbags and other objects in the car.
Under the the Innocence Protection Act (IPA), a defendant has the right to re-test evidence for DNA. Walker waived that right.
Judge Kravitz denied the defense’s motion to dismiss, filed by defense attorney, Albert Amissah. In the motion, Amissah claimed that the prosecution destroyed the urine and blood samples obtained from Walker at the time of her arrest, arguing the action violated Walker’s right to due process.
Amissah further argued there was bad faith in the destruction of evidence because the blood-alcohol levels in the samples are so pivotal to this case. He said that officers, paramedics, and pedestrians said that Walker did not appear impaired.
Judge Kravitz ruled that the urine and blood samples were not destroyed in bad faith and were part of the standard retention procedure, denying the motion to dismiss the indictment.
The judge also denied the defense’s request for release because of Walker’s failure to comply with probation in the past, long history of DUI charges, and the incredibly serious and dangerous charges in the current case.
Amissah said that Walker has not received physical therapy in jail and has significant injuries sustained during the incident that need medical attention.
Judge Kravitz asked Amissah to email him specifics of the issues that are ailing Walker.
Walker said that a doctor recently looked at her injuries and put in an order for therapy but hasn’t seen a physical therapist yet. She said that she is in a lot of pain and can barely walk due to a broken upper leg and other bones damaged from the car accident. Walker has been contacting the American Disability Association (ADA) for help but they have not answered.
Again, Judge Kravitz said that he cannot email the Department of Corrections (DOC) without a detailed list of issues. He said that this is not a proper basis for release.
Amissah alerted the court of Walker’s intent to reject a plea offer from the prosecution, though the terms were not discussed in court.
Parties are slated to reconvene on Feb. 20.
