DC Superior Court Judge Jason Park ruled in a March 5 hearing that prosecutors in a fatal shooting trial can play a 911 call during their opening statements. The judge also allowed the caller to testify at a later date.
Nyjell Outler, 22, is charged with first-degree murder while armed, two counts of possession of a firearm during a crime of violence, and assault with a dangerous weapon for his alleged involvement in the fatal shooting of Demetrius Johnson, 21, on March 20, 2021, at a gender reveal party on the unit block of Madison Street, NE.
Prosecutors requested permission to play a 911 call in which the caller allegedly identifies Outler chasing another man with a “long gun”. They also stated their intent to call the 911 caller as a witness later in the trial.
Outler’s defense attorney, Gemma Stevens, objected to playing the call during opening statements, arguing the caller only described the men by the color of their sweatshirts. She also stated that presenting the call so early in the trial could unfairly influence the jury and “set the tone” for the trial from day one.
Judge Park ruled in favor of the prosecutors, allowing them to play the 911 call as long as they provided the defense with the selected portions beforehand. He also approved the caller as a witness, with the prosecution determining the testimony date in the meantime.
Parties are slated to reconvene on March 6.
