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Appeal from the Superior Court of the District of Columbia Hon. Harold J. Cushenberry, Jr., Trial Judge

Argued May 13, 1999

At approximately 3:00 a.m. on August 9, 1992, Riley Walls and his friend Micah Bryan encountered Ramon Cherry and Jesse Moore on the front steps of an apartment building. After an exchange of words, Walls pulled out a nine-millimeter handgun and opened fire. Cherry was shot in the foot but managed to escape with his life. Moore was not so lucky; he was shot in the back and died at the scene. Walls was later arrested and charged with first-degree murder while armed, *fn1 assault with intent to kill while armed, *fn2 possession of a firearm during a crime of violence, *fn3 and carrying a pistol without a license (CPWL). *fn4 After two mistrials, each of which resulted from a hung jury, Walls was tried a third time and convicted of all the offenses charged except CPWL. *fn5

 
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