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Criminal Procedure Keyed to Miller
Damian Long v. United States
Citation:687 A.2d 1331 (D.C. 1996)
Long (defendant) left his friend’s apartment between 5:30 to 6:00 P.M. He was wearing a black jacket with fringe, a black shirt, black jeans, black boots, and a black skull cap. At around 10:30 P.M., a man matching Long’s description attempted to rob three people at gunpoint on Orren Street. The man then walked towards Trinidad Avenue. The Orren Street victims identified Long as their assailant and stated that after the attempted robbery, he walked toward Trinidad Street. They reported later hearing gunshots from that direction.
Also around 10:30 P.M., witnesses on Trinidad Avenue saw a man wearing all black take out a pistol and approach a man unlocking his car door. An altercation ensued. The witnesses ran inside their home and heard gunshots a few seconds later. The man was pronounced dead. Long returned to his friend’s apartment with blood on his face and a pistol in his hand. He told his friends that a man had tried to rob him on Trinidad Avenue and he shot him in self-defense.
The prosecutor charged Long with assaulting the Orren Street victims with intent to rob and felony murder of the Trinidad Avenue victim. The court denied Long’s motion to sever the offenses, holding that the offenses were not improperly joined.
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