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Walker v. United States

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Argued March 26, 2009

Before RUIZ, BLACKBURNE-RIGSBY and THOMPSON, Associate Judges.

A jury found each of the appellants, Anthony Walker and Brian Boyd, guilty of multiple counts of assault with a dangerous weapon (“ADW”) (pistol) (D.C. Code § 22-502 (1981)); kidnaping while armed (D.C. Code §§ 22-2101, -3202 (1981)); threats (D.C. Code § 22-2307 (1981)); first-degree burglary while armed (D.C. Code §§ 22-1801 (a), -3202 (1981)); and possession of a firearm during a crime of violence (“PFCV”) (D.C. Code § 22- 3204 (b) (1981)). Each was also found guilty of conspiracy (to commit assault, burglary, kidnaping, threats, and robbery) (D.C. Code § 22-105 (a) (1981)); misdemeanor destruction of property (D.C. Code § 22-403 (1981)); carrying a pistol without a license (D.C. Code § 22-3204 (a) (1981)); possession of an unregistered firearm (“UF”) (D.C. Code § 6-2311 (a) (1981)); and possession of unregistered ammunition (“UA”) (D.C. Code § 6-2361 (3) (1981)). Both Boyd and Walker argue that the trial court erred in admitting co-conspirator testimony, entitling them to reversal of their convictions. Boyd raises a number of additional challenges as well, including that the trial court erred in denying his Batson challenge and his motion for severance; in precluding the admission of a statement that one of the complainants made to police; and by giving (or failing sua sponte to give) certain jury instructions. Boyd also argues that the evidence was insufficient to support his convictions for CPWL, UF and UA, that the evidence did not support two kidnaping convictions as to each victim, and that the court violated his right to be present during all phases of the trial proceeding. Finally, Boyd argues that certain of his offenses merge. We affirm in part, reverse in part, and remand for the trial court to vacate two kidnaping convictions per appellant and all but one of each appellant’s ADW convictions.

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