Judge Rhonda Winston ruled Thursday that there is substantial probability in the case against Antonio Hester, held in connection with the January 2013 shooting death of Tracy McFadden.
Police found 44-year-old McFadden outside a nightclub on the 2700 Block of Georgia Avenue Northwest, suffering from six gunshot wounds, including four to his neck.
At a preliminary hearing Thursday, MPD Detective Ricardo Leiva testified that a witness who was romantically involved with Hester at the time told police Hester and McFadden got into two different arguments while they were inside the Chuck and Billy nightclub.
Leiva testified that the witness reported watching Hester leave the nightclub, then saw McFadden “immediately walk behind” him. Shortly, the witness began to exit because the witness “was worried about something happening,” Leiva said.
As the witness exited, many people were “rushing inside,” the witness said, said Leiva.
Charging documents state that when the witness got outside, it saw the McFadden lying unresponsive on the ground next to a vehicle, but did not see Hester. The witness then called Hester’s cell phone, picked him up two blocks north of the nightclub, and drove him to an address in Maryland, according to documents.
According to the witness, Hester sounded “out of breath” on the call, said Leiva.
Burks’ defense attorneys said that two others who saw the shooting weren’t able to provide a very specific description of the shooter. Additionally, attorney William Roberts argued that another witnesses was believed to have said that McFadden was going outside to get a gun.
Winston disagreed and ruled to move the case forward, noting that the witness who allegedly said McFadden was leaving the club to get a gun indicated that he didn’t say that when he was interviewed by the police.
A felony status hearing is set for August 13.
