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By
Alex Garcia Pecina
- September 23, 2024
Daily Stories
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Non-Fatal Shooting
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Shooting
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Suspects
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Victims
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DC Superior Court Judge Erik Christian excused a shooting victim from testifying in court after refusing to answer questions on Sept. 19.
Calvon Brown, 31, is charged with aggravated assault knowingly while armed, possession of a firearm during crime of violence, unlawful possession of a firearm, and carrying a pistol without a license. The charges stem from his alleged involvement in a shooting on March 22 on the 2300 block of Pennsylvania Avenue, SE. One individual sustained injuries.
Prosecutors called on the victim of the shooting to continue his testimony.
The prosecution revealed the victim’s prior criminal history including a conviction in Maryland for third-degree burglary. He is currently incarcerated in the DC jail for allegedly kidnapping his own son.
During testimony, the victim explained that Brown prevented him from entering a store to buy marijuana supplies. He revealed that he told Brown, “I swear to God, I will f*** you up,” before the incident. He had previously testified that he always carried a hammer, just in case he needed to defend himself.
During cross examination, the victim stated he didn’t see any guns on the day of the incident, but defense attorney Tammy Thom referenced grand jury transcripts where he previously said he saw individuals carrying guns inside the store.
“I’m not a liar! I’m not a p***!” the victim said to the jury after being asked about the inconsistency. “If I knew he had a gun, I would take out my hammer,” he added.
The victim also testified to losing a speaker he had after the incident, but Thom presented video evidence apparently contradicting his claim.
“I say the truth! The truth and the truth and the truth!” the victim shouted into the microphone.
After further questioning, the victim said, “I’m not going to talk anymore. I win the case.” The jury was then excused from the courtroom.
Prior to trial, parties debated the admissibility of a screwdriver that was found in a clothes bag the victim’s girlfriend had.
Thom said it was crucial the jury know about the screwdriver since it suggested a predisposition. Judge Christian denied the request.
Following the outburst, the prosecution requested a pause in the victim’s testimony so he could consult his attorney, but the judge denied the request.
Thom then sought a mistrial, arguing the defense was not allowed to fully cross-examine the witness–that request was also denied. She subsequently asked that the victim’s testimony be excluded from the record.
Judge Christian instructed both parties to submit briefs before he makes a decision.