‘They Surround Him Like Sharks in Water,’ Says Defense Attorney in Closing Statements

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Parties delivered closing statements for a homicide trial in DC Superior Court Judge Jason Park’s courtroom on March 13. 

Nyjell Outler, 22, is charged with first-degree murder premeditated while armed, assault with intent to kill while armed, aggravated assault knowingly while armed, assault with a dangerous weapon, and four counts of possession of a firearm during a crime of violence, for his alleged involvement in the murder of Demetris Johnson, 21, on March 20, 2021 on the unit block of Madison Street, NE at a gender reveal party. The incident also left another victim injured in both legs. All charges face an aggravating factor of allegedly being committed during Outler’s release for another matter. 

During their closing arguments, the prosecution told the jury to watch the video evidence of the event thoroughly and responsibly. According to the prosecution, the footage shows Outler arriving at the party holding a backpack, while the prosecution stated the defendant knew what he was doing as he walked “calmly.” 

Walking out of the party and into the driveway, Outler allegedly passed three individuals, including Johnson. He then turns around to face them again with his weapon in hand, according to the prosecution. They argued that this action was unprovoked, and the others’ behavior was non-threatening.

According to the prosecution, the large rifle used in the shooting was in Outler’s backpack the whole time he attended the party. They argued that a gun of that size is not for self-defense, and that Outler was the clear aggressor.

Prosecutors showed more footage from neighboring streets that showed Outler allegedly fleeing the scene and chasing after an individual he targeted.

The prosecution reviewed the events that occurred after the shooting, including tampering with a GPS monitor only hours afterward. Eleven months later, Outler was located by police outside his apartment in Florida with buzzed hair and a ski mask. 

Gemma Stevens, Outler’s defense attorney, told the jury that “what they brought you is a lot of speculation and finger pointing,” regarding the prosecution’s presentation of the evidence. 

Stevens replayed the incident video and paused at a frame that showed one individual flashing his coat with a firearm inside. Although the video is blurry, Stevens argued that Johnson had his hand in his coat pocket, where responders found a firearm after the shooting.

She stated that “they surround him like sharks in water” and Outler reasonably believed that the use of force was necessary at that moment. 

Stevens argued that the only eyewitness called by the prosecution is an admitted perjurer, and lied to the grand jury about seeing a gun other than the defendant’s on the night of the incident. However, the video appears to show that he saw a gun when the victim flashed his coat in the witness’ direction. 

Stevens also stated that the eyewitness did not deny a possible plan to rob or assault Outler, and instead said he “couldn’t remember”. Stevens referred to Outler as “an easy target” because he was wearing an expensive jacket the night of the party.

Stevens ended her statements with “looking at the footage now, it seems slow and deliberate”. She argued that these young men were afraid, and Outler was lawfully allowed to meet deadly force with deadly force.

Jury deliberations will begin March 14.