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Hawkins v. United States

Court of Appeals of Columbia District

July 9, 2015

DARNELL HAWKINS & MARVIN VERTER, JR., APPELLANTS,
v.
UNITED STATES, APPELLEE

Argued: March 19, 2014.

Page 688

[Copyrighted Material Omitted]

Page 689

Appeals from the Superior Court of the District of Columbia. (CF1-3332-12, CF1-12118-11, CF2-4933-12 & CF1-19790-10). (Hon. Ronna Lee Beck, Trial Judge).

Abram J. Pafford for appellant Verter.

Phillip C. Zane for appellant Hawkins.

Nicholas Coleman, Assistant United States Attorney, for appellee. Ronald C. Machen Jr., United States Attorney, and Elizabeth Trosman, Vinet Bryant, and SuzAnne C. Nyland, Assistant United States Attorneys, were on the brief for appellee.

Before WASHINGTON, Chief Judge, BECKWITH, Associate Judge, and REID, Senior Judge.

OPINION

Page 690

Beckwith, Associate Judge.

After a joint trial, a jury convicted appellants Darnell Hawkins and Marvin Verter of various charges stemming from the May 2010 shooting death of Dawan Felder in the southeast quadrant of the city. On appeal, appellants raise several claims of error. For the reasons explained in this opinion, we reverse Mr. Hawkins's conviction for obstruction of justice under D.C. Code § 22-722 (a)(3)(B),[1] we reverse Mr. Verter's conviction for obstruction of justice under D.C. Code § 22-722 (a)(6), and we remand to allow the trial court to enter a judgment of acquittal on those counts as well as to effectuate the merger of Mr. Hawkins's remaining obstruction convictions under D.C. Code § 22-722 (a)(2)(A) and (B). We affirm appellants' remaining convictions.

I. Factual Background

According to the testimony of the government's witnesses, Darnell Hawkins, Marvin Verter, and Dawan Felder were all members of a group called the " Get Money Soldiers" (GMS). They " got money" by selling drugs, assisted in part by several women--including Jerita Campbell, her roommate Dominique Hunter, and their next door neighbor Sharde Wright--who called themselves the " Get Money Bitches." Jerita Campbell ...


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