‘Warm Sandwich’ Supports Defendant’s Innocence, Defense Says

By D.C. Witness Staff - April 23, 2019
Court | Daily Stories | Homicides | Suspects |

During closing arguments April 22, the defense in a murder trial said a warm sandwich found under a victim’s body, corroborates their theory that someone else is responsible for the death of a 17 year old.

Carlton Fisher

Terik McLeod, 33, is charged with two counts of first-degree murder while armed for his alleged role in the deaths of Devaun Drayton and Carlton Fisher in 2004 and 2006, respectively.

Devaun Drayton

McLeod’s defense attorney, Michael Madden, said the defense’s theory rests on a previous witness who testified that he shot Drayton over a stolen gun. The witness told the jury he got food at a golf course with Drayton before the shooting.

The defense said the warm sandwich found at the crime scene was from the golf course.

“[The witness] testified that he shot Devaun Drayton. What you have is a person whose motive is aligned with the crime,” Madden told the jury.

The defense also sought to discredit the prosecution’s witnesses, saying their stories didn’t make sense. Madden said multiple witnesses only testified in order to get a lighter sentence. He said there was no DNA evidence linking McLeod to either murder.

Furthermore, Madden said that if McLeod didn’t kill Drayton, then the theory that he killed Fisher, 23, for “snitching” doesn’t make sense.

Madden said that Fisher, who was a drug dealer, had a reputation as an informant and that any number of people could have a motive to kill him. He said the neighborhood was “plagued” with violence and had a hostile attitude towards informants.

The prosecution, however, said a warm sandwich is not enough to prove that the defense’s witness was being truthful when he took responsibility for Drayton’s death.

According to the prosecution’s theory, McLeod shot Drayton in the back of the head over a stolen gun. They said McLeod then shot Fisher seven times in front of his apartment building for “snitching” to police about Drayton’s murder.

“You hear from Fisher in the form of an interview he gave to police,” the prosecution said. “ This was about a gun, but it was also another opportunity because the defendant didn’t like [Drayton].”

The prosecution’s key witness previously testified that he saw McLeod holding a gun moments after Drayton was shot. Apparently, McLeod also  told the witness he “put [Fisher’s] brains all over his mailbox.”

“The defendant thought by shooting Fisher that he would be able to silence him, like he silenced Drayton,” the prosecution said. “This case is not only about one life lost. It’s about two.”

The jury began deliberating on April 22.