DC Superior Court Judge Michael Ryan heard prosecution witnesses in the ongoing jury trial of a non-fatal stabbing defendant on Sept. 29.
Jerrell Smith, 31, is charged with aggravated assault knowingly while armed and carrying a dangerous weapon outside a home or business for his alleged involvement in the non-fatal stabbing of a victim on June 2, 2023. Court documents are not clear on where the incident occurred but police responded at the United Medical Center on the 1300 block of Southern Avenue, SE.
Defense counsel Emma Mlyniec started by cross examining a Metropolitan Police Department (MPD) witness.
Attorney Mlyniec asked the now detective but officer at the time of the incident if she would agree that it is important to conduct a thorough investigation. The detective said yes.
Following up, Mlyneic asked if the witness knew that if a thorough investigation was not conducted it could result in an innocent person being arrested, the officer affirmed.
When asked if the lead detective on the case told her not to canvas the area the complainant said he was attacked at, she said that she could not recall. The defense then played the witness’ body camera footage from the night of the incident where the lead detective could be heard saying, “You don’t need to canvas nowhere”.
The prosecution also called a forensic scientist from the Department of Forensic Sciences (DFS). She worked the crime scene and later put evidence into storage from the incident.
She testified to taking photographs of the vehicle in which the incident occurred. On the stand she pointed to places in the photos where suspected blood splatter could be seen. She pointed to portions of the passenger seats and the middle console.
The prosecutor asked the witness if it was unusual for her to process the scene like the incident scene and not collect any forensic evidence, she said it was not unusual.
The DFS scientist was then asked to identify two articles of clothing worn by the victim, given to her by detectives on scene, an orange jersey and a white tank top. In court she held up the items identifying where the suspect blood splatter was on the items.
When asked if she was able to photograph the victim other than his clothing, she stated she was not able to because he was already in surgery for his injuries.
During cross examination, Mlyniec asked if the scientist was asked to do anything more than a compulsory search of the vehicle. She stated she was only asked to do the initial search and photograph the vehicle.
She testified as well that she was not asked to do inventory of the items in the vehicle, swab the exterior or the interior for DNA or fingerprints, and test the suspect blood splatter.
In redirect by the prosecution she was asked if she knew about any of the searches conducted by the police before she arrived or if she knew about any of the conversation between the police and witnesses at the scene, she stated she did not.
Prosecutors called in a doctor who is the chief of trauma surgery at George Washington University (GWU) Hospital. The doctor confirmed that he treated the victim on June 2, 2023 after he was transported from United Medical Center.
According to the doctor, the victim had bled profusely from his neck and was brought in as a trauma yellow, which indicates a priority patient.
The doctor explained that the victim sustained external jugular vein injuries and underwent two blood transfusions. The doctor stated, “If he was not brought to the hospital, he would have bled to death.”
Additionally, tests revealed that the victim had a .122 alcohol level in his system, one-and-a-half times the legal limit of .08.
Before the next witness was called, the defense requested a judgement of acquittal, arguing that the prosecution had not established the defendant’s involvement beyond a reasonable doubt in this case.
They continued by stating that two witnesses, the victim and his close friend, had given two different testimonies, specifically identifying where the assault occurred. The victim said the incident occurred in DC, while his close friend said that it occurred on a highway in Maryland.
The defense argued that the close friend’s testimony is more credible because he was the driver of the vehicle. However, the victim testified to having been familiar with the area they were driving in while his close friend said he was unfamiliar with the area.
Judge Ryan denied the defense’s motion of a judgement of acquittal, stating that in the case of aggravated assault the victim’s injuries were significant and “a reasonable juror can look at the damage that was done.”
Defense attorney Hannah Claudio called in an MPD detective.
The detective, who was not the lead detective and had a limited role in the case, interviewed the victim on June 3, 2023.
When asked where the incident occurred, the victim said he was assaulted in an apartment complex across the street from UMC, according to the detective.
Initially, the victim said he was alone, but then said that his brother was with him. The victim also said that he was on foot – not inside a vehicle. The victim was unable to identify who stabbed him but, according to the detective, said that he did not think his brother did it.
Judge Ryan explained to Smith his right to testify or not. Smith wished to remain silent.
Parties are slated to reconvene for conclusions on Sept. 30.
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Ryan Hawkins, Olivia Swaney
