A police methods were questioned in Metro shooting trial before DC Superior Court Judge Danya Dayson in ongoing trial on July 14.
Demann Shelton, 32, is charged with three counts of assault with intent to kill while armed, three counts of assault with a dangerous weapon, assault with significant bodily injury while armed, seven counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction. The charges stem from Shelton’s alleged involvement in a non-fatal shooting on Nov. 9, 2020 on the 3000 block of 14th Street, NW, in which the suspect allegedly aimed a gun at a group of five people, then opened fire. One individual sustained a gunshot wound to their right wrist near the Columbia Heights Metro station.
A detective on scene was brought to the stand. The prosecution questioned whether he took notes during an on scene interview. He recalled only that he assisted the lead detective in summarizing the on scene interview for the record. The officer cited the three year retention rule for some case material, including notes, at the Metropolitan Police Department (MPD) as the reason he would no longer have the notes.
Defense attorney Emily Sufrin questioned the officer about how he would usually convey information attained in a witness interview to a lead detective. He said he would transcribe the interview verbally, hand over physical notes, or send an email but regarding this case stated, “it’s my testimony that I don’t remember.”
In discussions between parties without the witness present, Sufrin noted her view that there is a strong suggestion that notes were taken, thus stating she believes that so-called Jencks material that could be exculpatory regarding this witness are missing.
The prosecution agreed that records show the officer wrote what was later reported in the main detective’s testimony. They argued that at minimum, the information in the report is attributable to the testifying officer even if the particular word choices in the report are not.
Judge Dayson disagreed with the prosecution’s description allowed the defense to cross-examine the testifying former detective.
The prosecution questioned the officer on a witness interview, referring to previous testimony where he had stated that this witness testified to seeing two individuals in the alleyway that detectives deemed the flight path. The officer stated the second individual was never considered a suspect as he did not match the description of the shooter. He also noted that the witness had indicated that the other individual seemed to get tired and started walking, something the sergeant argued a suspect would not have done.
The officer was questioned on the contents of acivilian report that was sent to detectives to consider in parallel to their investigation and find leads. He clarified that the report provided background information including surveillance video and GPS data, testifying that video evidence was of poor quality and foggy in this case.
The prosecution presented a number of surveillance footage clips from outside and inside the Wawa across the street from the Metro station as well as of the courtyard in front of the station entrance at 14th and Union where the shooting occurred. The sergeant identified the suspect as wearing black puffy coat, black pants with green pocket, dark sneakers, and a mask and hood in all footage where he was present.
The prosecution asked about the accuracy of time stamps in the footage. The witness replied, “A lot of times the cameras are not 100 percent accurate with the time” but the cameras that captured the scene were approximately accurate as their time stamps aligned with when 911 calls were received.
In the defense’s cross-examination they questioned the failure to collect crucial footage that would have allegedly shown the shooting itself as well as the flight path of suspects even the material was flagged for retention.
Shelton’s attorneys questioned MPD’s lack of follow-up with possible suspects on GPS tracking that were located within 20 feet of the shooting. Questioning revealed that three out of the four individuals under faced minimal or no questioning from Metro Police.
Prosecution also presented an eyewitness to the suspect’s escape from the incident. The court was led through his testimony, which recalled how the suspect paused to throw an object, thought to be a face mask, under a car into a sewer before continuing to run away from officers in pursuit. The defense used their cross-examination to highlight that officers did not collect testimony or question the witness until December 2024, four years after the incident. The witness insisted his memory was as clear as the day of the shooting.
Parties are slated to reconvene July 15.
