Defense Claims ‘Egregious Misconduct,’ but Judge Won’t Dismiss Armed Carjacking Case

By Elizabeth Brady , Lucy Orgolini - October 4, 2024
Carjacking | Data | Robbery |

DC Superior Court Judge Errol Arthur denied two carjacking defendants’ motion to dismiss the case against them after the prosecution elicited inadmissible evidence while questioning a witness. The ruling came in a hearing on Oct. 3. 

Gregory Patterson, 41, and Jimmy Johnson, 43, are charged with armed carjacking, three counts of possession of a firearm during a crime of violence, and robbery while armed for their alleged involvement in a carjacking that occurred on the 1600 block of Kenilworth Avenue, NE on July 11, 2023. 

Patterson is also charged with armed robbery in connection to the incident. 

Johnson faces additional charges of unlawful possession of a firearm by a convict, possession of an unregistered firearm, and unlawful possession of ammunition. The enhanced charges stem from his alleged possession of the items during his arrest on March 28 on the 4000 block of Ponds Street, NE. 

Judge Arthur heard arguments from the parties after a detective testified on Oct. 2 about evidence that had previously been ruled inadmissible. 

Johnson’s defense attorney, Joseph McCoy, argued in his motion to dismiss with prejudice that this was “egregious misconduct” by the prosecution. He said the only explanation is that “ a very experienced trial attorney seeing a case that’s disintegrating, cornered a detective under oath and elicited testimony to deliver a mistrial.”   

The prosecution denied it, saying there was no bad faith and that he didn’t expect the witness to divulge the fact that Patterson was on probation at the time of the incident.

“Generally, prosecutors can’t use evidence of prior convictions to prove a defendant’s guilt or tendency to commit crimes, but they can sometimes use them to question the truthfulness or credibility of the defendant’s testimony,’ according to the Nolo legal advice site.

Judge Arthur denied the motion to dismiss with prejudice–meaning the case couldn’t be retried– and will instruct the jury to disregard the testimony, including all evidence introduced, saying it was “more than an innocent mistake.” 

Then Alvin Thomas, Patterson’s defense attorney, made a motion for judgment of acquittal, arguing the prosecution has not provided sufficient evidence to prove the defendants’ guilt. 

McCoy joined Thomas’ motion. 

They argued that the prosecution’s only evidence was the victim’s testimony and CCTV surveillance footage. Since the footage has no sound, the only way to provide context is through the victim’s explanation. 

Thompson argued the victim has testified that he does not remember any details from the incident, including Patterson’s activity. There was no evidence of armed robbery or carjacking, and there was no testimony that Patterson caused significant injury, Thomas argued. 

McCoy opined that Johnson had only been identified as a person who was there, and the victim testified that Johnson had helped him, not attacked him.  

McCoy insisted that to credit the video evidence, you have to discredit the victim’s testimony. Thompson argued that to give credit to the witness, you have to discredit the video. 

Judge Arthur will deliver his ruling when the parties reconvene on Oct. 4.