Defense accuses negligence and demands dismissal of charges in double murder case

By Radhakund Ramnarine
– 28 August 2024
Daily Stories | Murders | Shootings | Suspects | Victims |

In response to a motion by prosecutors to delay a double murder trial, the defense filed a negligence claim and a motion to dismiss the case. The arguments were made at an Aug. 23 hearing before D.C. Superior Court Judge Maribeth Raffinan.

Amarii Fontanelle, 20, is charged with two counts of first-degree armed murder, armed assault with intent to kill, four counts of possession of a weapon during a violent crime and intentional aggravated assault while armed for his alleged involvement in the fatal shooting of Davonte Berkley, 19, and Reginald Lamont Cooper Jr., also 19. The shooting occurred on October 17, 2022, in the 1300 block of Congress Street, SE.

Defense attorney Kevin Mosley expressed his frustration, citing a 10-month period in which prosecutors failed to respond to his requests for information on DNA, firearms and ballistics evidence.

Because of what he called an “abortion of prosecution,” he asked the court to dismiss the case. “They can retry the case if they want, but they have not acted with due diligence.”

Prosecutors argued that the delays were due to a failure to find a lab to examine the evidence, but a report would be available by September 6. In addition, the prosecutor said it had been difficult to locate and confirm witnesses.

Judge Raffinan ruled that “the [prosecution] had not exercised due care,” but given the importance of the evidence, the judge granted the prosecution’s request for a delay.

Mosley requested that Fontanelle be monitored via GPS and placed under house arrest because of the length of his client's detention. Judge Raffinan initially agreed, but the request was denied after a representative of the Pretrial Services Agency (PSA) alerted the court that Fontanelle still had charges pending against him in Maryland and was currently being held there.

The parties are scheduled to meet again on September 13.

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