Two Motions Denied in Co-Defendant Homicide Case

By Sadie Herman [former] , Sophie Griggs [former] - October 16, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

On Oct 16, DC Superior Court Judge Robert Okun denied two defense motions in connection to a homicide case. 

Malachi McFarland, 23, and co-defendant Andre Smith are charged with first-degree murder while armed, possession of a firearm during crime of violence, and unlawful possession of a firearm with a prior conviction, for their alleged involvement in the fatal shooting of 29-year-old Kerry Odoms on April 15, 2021, on the 3300 block of 10th Place, SE. 

Both defendants’ attorneys had filed motions requesting separate trials for different reasons. 

Thomas Key, Smith’s defense attorney, filed a motion stating that he would not be ready for the trial date that was previously set in November–that was denied by Judge Okun because a new trial date was set.

Jessica Willis, McFarland’s defense attorney, filed a motion arguing that if the pair is tried together it will be a violation of McFarland’s right to a speedy trial, because his case is older than Smith’s. Judge Okun denied the motion based on a lack of sufficient reasoning provided. 

The prosecution said, “we don’t think anyone’s speedy trial rights have been violated” and that they have been doing their best to keep the new trial date in May 2024.

The next hearing for co-defendants, Smith and McFarland will be on Nov 3.