Opening Statements Delivered in Non-Fatal Shooting Trial

By Grace Nardei [former] , Carolyn Flammini [former] - January 18, 2024
Court | Daily Stories | Non-Fatal Shooting | Shooting | Suspects |

On Jan. 17, opening statements and witness testimony were given in a non-fatal shooting trial before DC Superior Court Judge Lynn Leibovitz. 

Charles Whitney, 24, is charged with unlawful possession of a firearm, unlawful discharge of a firearm and destruction of property for his alleged involvement in a non-fatal shooting that occurred on the 1500 block of Birney Place, SE, which occurred on Oct. 10, 2023.

“We will ask you to find the defendant guilty of unlawful endangerment, unlawful discharge, and destruction of property,” the prosecution said.

The prosecution explained that on the day of the incident, two apartments were struck by gunfire, with one of the bullets traveling through the window of one apartment and exiting an adjacent apartment.

Building their case, the prosecution showed the jury CCTV surveillance footage of an individual, who they identified as Whitney,  approaching an apartment building, removing a firearm from his waist, raising his arm, shooting the gun and then running away.

The prosecution also presented a bullet fragment found in the apartment, showed damage to the unit as well as shell casings found at the scene of the crime. 

Quiana Harris, Whitney’s defense attorney, argued he is not guilty, and he was merely using his lawful right of self-defense to protect himself and two other women from an apparent drive-by-shooting.

“Whitney acted reasonably and justifiably,” Harris insisted.

Harris described the scene, acknowledging that the area where the alleged crime happened is an open community with no security. She argued that crime is common in the area, and added that there are threats of violence and gunshots often.

Harris added that Whitney, who grew up in the neighborhood, knew that these types of incidents are “life or death,” stating Whitney allegedly saw a gun pointed at him from a vehicle. When shots were fired, he fired back, attempting to defend himself and the two female bystanders.

Following opening statements, prosecutors called on a sergeant with Metropolitan Police Department (MPD) officer to testify. 

According to the officer, he collected evidence at the crime scene in an effort to corroborate the prosecution’s arguments.

Harris cross examined the officer about his crime scene report which indicated there were two different types of shell casings recovered at the scene– 40 mm and 9 mm.  Due to time constraints, the sergeant was unable to conclude his testimony.

Parties are slated to return Jan. 18.