Defendant Pleads Not Guilty to 2018 Murder

By D.C. Witness Staff - June 6, 2019
Court | Homicides | Policy | Suspects |

During a felony arraignment June 6, a murder defendant pleaded not guilty to all charges stemming from a homicide in 2018.

Timothy Gibson, 28, is charged with first-degree murder while armed, two counts of possession of a firearm during a  violent crime, assault with the intent to kill while armed and first-degree burglary. He allegedly shot 28-year-old Carl Day-Baker on the 1500 block of T Street, SE.

During the hearing, Gibson rejected a plea offer. According to the terms of the offer, if he pleaded guilty to second-degree murder while armed, the prosecution would drop all other charges. Under the plea agreement, Gibson could have been sentenced to 18 years in prison.

According to the Voluntary Sentencing Guidelines of the District of Columbia, Gibson could likely receive a sentence between 30-60 years in prison.

Defense counsel, Eugene Ohm, also told the judge that he was under the impression that Gibson would be released to the high intensity supervision program (HISP) after a work release was issued by DC Superior Court Judge Dayna A. Dayson. The order would permit Gibson to be detained at a halfway house. 

However, Gibson is not allowed to go to a halfway house because of a Department of Correction’s (DOC) policy prohibiting violent offenders from residing in the houses.

Even though Judge Dayson issued several work release orders for the defendant, she is unsure if she can overrule the DOC. Judge Dayson requested that defense counsel provide her with a statute that gives her the authority to order Gibson’s placement into a halfway house.

In November of 2018, the prosecution requested that the defendant remain detained until trial.

“A grand jury indicted [Gibson] with the most serious crime one can be indicted with in this courthouse,” the prosecutor told the judge. “Based on those changed circumstances [Gibson] is a danger to the community.”

According to court documents, a witness saw Day-Baker pull Gibson out of a car and punch him. The witness said Day-Baker and his brother jumped the defendant, slamming him to the ground “as if he were a pretzel,” to end the altercation.

The witness said Gibson then pulled out a weapon and fired multiple shots at the decedent and his brother. Day-Baker was shot twice.

A status hearing is scheduled on June 14.

Brooke Welsh and Julia Guercio contributed to this article.