Defense Questions Police About Missing Evidence in Carjacking Trial

By Sonia Vazquez [former] - July 25, 2024
Carjacking | Court | Daily Stories | Suspects |

Before DC Superior Court Judge Robert Salerno, a defense attorney questioned detectives about inconclusive or missing evidence in a carjacking and burglary investigation on July 24.

Kenneth Phillips, 24, is charged with carjacking, aggravated assault knowingly while armed, robbery while armed, burglary second-degree, first-degree theft, unauthorized use of a vehicle during a crime of violence, receiving stolen property, and driving without a license for his alleged involvement in an armed robbery and carjacking on Nov. 15 and 16, 2021. The incidents occurred on the 2000 block of 4th Street, NE. 

According to court documents, on Nov. 15, Phillips allegedly assaulted a victim as he stole his key ring, which contained keys to two vehicles, a white Nissan and a brown Toyota, and the keys to the victim’s home, before fleeing the scene in the Toyota. 

On Nov. 16, Phillips was stopped in the early morning hours in the brown Toyota, while the Metropolitan Police Department (MPD) officers were canvassing the area looking for the stolen vehicle. He was allegedly found with the key fob for the white Nissan and a Penn State graduation ring, according to court documents. 

That same morning, the victim’s family member reported to MPD that someone had broken into their house and had stolen multiple items, including a Penn State graduation ring, a television, and three gold chains, among other items.

During the hearing, prosecutors called a criminal investigator and police officer to testify about their attempt to execute a search warrant to collect Phillips’ DNA sample. 

The criminal investigator testified he was tasked with collecting a DNA sample from Phillips, but alerted the court he had been unsuccessful due to set up a meeting.

The investigator confirmed with defense attorney, Joseph Yarbough, that he was not alerted about the warrant.

The investigator then told prosecuting attorneys that “[he has] never had a lawyer present,” when collecting an individual’s DNA sample.

The police officer who “regularly interacted,” with Phillips was assigned to bring him to the location where his DNA was to be retrieved, but Phillips refused. During the cross-examination, Yarbough asked if the officer documented Phillips’ refusal to which the officer replied that he did not. 

Prosecuting attorneys then called one of the detectives who responded to the burglary on Nov. 16 and determined that there was “reason to believe there might be a connection between,” the burglary and carjacking. 

She stated that the keys, television, and backpack that were in the car at the time of Phillips’s arrest were swabbed for DNA. However, she testified, the results were inconclusive. 

The detective confirmed these items of evidence in court and that all items were in the car and processed for “any possible DNA that could identify the suspect,” however, no fingerprints were collected. 

Yarbough presented the witness with body camera footage that captured a conversation that she had with a colleague who was processing the victim’s home for fingerprints. The witness testified that in the conversation there are no mentions of the fingerprints but because the video only captured one side of the conversation she “could not say,” for certain if she neglected to order fingerprints collected.

However, the detective did state that there were “no notes about taking fingerprints,” in the investigation. 

Yarbough then asked about the detective’s attempts to gather video surveillance footage of the initial carjacking. The detective stated that the camera on the 2000 block of 4th Street was the only one to clearly capture the incident and that she left her business cards at other locations in attempts to recover more footage but cameras were either not working or she received no replies. 

Yarbough pointed out that she originally only requested footage from the time frame of the carjacking and when she accessed the footage she recorded the video on her phone on Dec. 9, 2021 weeks after the incident.  

On Dec. 22, 2021, the detective placed a formal request for the footage but given that she “served it during the holidays,” she did not get a reply until Dec. 28. By the time an evidence technician was able to collect the video, the only content that remained was the portion of the carjacking and not the burglary. 

The prosecution asked the detective about the lack of video surveillance footage and she replied that they focused on Fourth Street because that is where the crime took place. 

The victim’s employer also testified, stating that the victim works as a driver, and the car is company owned. The victim said several items in the car that were not there before the carjacking, including an “assault baton, a bottle of alcohol, bottle of beer, speaker, face mask, and jacket.” All were turned over to the detective. 

Another MPD detective testified to collecting items in Phillips’ possession at the time of his arrest. allegedly including a Penn State ring and a key fob. The detective’s body-worn camera depicts him with the key fob in an evidence bag in front of the victim’s car.

Yarbough also noted the detective’s currently having a civil lawsuit against him. The detective stated he was unsure if there were a pending matter against him, as he had not been notified. 

Parties are slated to return on July 25 to resume trial.