A jury trial for a shooting defendant began with the defense raising concerns it should have received important evidence from the prosecution. Meanwhile, a prosecution witness implied her life was threatened if she took the stand. The proceeding was before DC Superior Court Judge Judith Pipe on Oct. 1.
Dominick Jackson, 41, was charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, assault with significant bodily injury while armed, aggravated assault knowingly while armed, unlawful possession of a firearm in an intrafamily offense, and obstructing justice by attempting to influence or delay a witness or officer.
These charges stem from an incident that occurred Nov. 20, 2022 on the 700 block of 12th Street, NE, leaving one individual with gunshot wounds.
According to court documents, eight gunshots were heard and four shell casings were discovered at the scene. Responding officers from the Metropolitan Police Department (MPD) noticed damage to a vehicle and learned that there was a victim who was transported to a local hospital for the treatment of non-life-threatening injuries.
Defense attorney Kevin Robertson said he had not received any paperwork from the prosecution indicating that an eyewitness failed to appear before the grand jury and did not cooperate with prosecutors.
Further, prosecutors had not documented they allegedly threatened the witness with a warrant for failing to cooperate.
Judge Pipe concluded the prosecution violated what’s known as the Brady rule for not communicating this information.
The rule requires prosecutors to disclose potentially exculpatory material to the defensef.
Judge Pipe said prosecutors are responsible for disclosing that their “critical, key witness … refuses to cooperate.”
In response, prosecutors argued that whether this information is important enough to turn over is “subjective.”
“Her stated reason is not dispositive,” Judge Pipe said, ultimately inconclusive.
The judge clarified she will not require the prosecution to provide every phone call, but they must tell the defense whenever they resort to different means.
Robertson said he told the witness not to mention during his testimony that he met the defendant in jail because it is irrelevant. Judge Pipe agreed.
Roberston said prosecutors planned to show the jury footage of the victim in which “they’re cutting his clothes off. He’s naked.”
Jude Pipe appeared surprised and asked the prosecutors whether they planned to do so, adding she did not think the victim would want that clip to be shown in front of the jury. The judge asked the prosecution to redact that portion of the footage.
During the opening statements, the prosecution claimed that Jackson shot into the victim’s car multiple times, injuring the victim’s legs. The prosecution stated they had Ring camera footage which was somewhat blocked by trees, but still clear enough to suggest Jackson could be found guilty. They also highlighted that Jackson, the victim, and the eyewitness were the only people at the crime scene.
Further, the prosecution stated the witnesses they planned to bring in, including the victim, an eyewitness, and doctors who treated the victim, among others.
They insisted all evidence would prove Jackson’s guilt.
However, Robertson argued that the prosecution’s statements were purely theoretical, saying “They weren’t there,” and that their case was built almost entirely on two witnesses. He claimed they had very little independent evidence, highlighting a lack of DNA, fingerprints, or cell location data evidence.
Robertson claimed that the victim is a known drug dealer and possibly abuser. He argued that a proper investigation into the crime could have removed Jackson from the situation, but that the prosecution didn’t follow through.
The prosecution called on an eyewitness who used to date Jackson. She said she has two children with Jackson, but stopped dating him sometime in 2021 and lost contact after the incident in 2022.
She first noted that she did not want to testify and that she was forced to be at trial. She later elaborated that she struggled to testify against the father of her two kids.
The witness claimed she was good friends with the victim. She said she visited him multiple times during his time in the hospital and took him in during his recovery. She said she had no relationship with the victim beyond being good friends.
When asked about the incident, the witness said she was cooking a meal for her kids as Jackson was on his way to drop them off. She got a call from the victim at one point who said he wanted to visit. She told the victim that he shouldn’t come over, fearing an altercation between him and Jackson. The victim visited anyway.
The witness and Jackson were both heading outside as the victim arrived. The witness turned around to go back inside to get her phone when she heard gunshots behind her. When she turned back, she said she saw the victim’s car driving away and Jackson fumble something in his hands as he returned to his car. She could not tell what the item was.
The prosecution asked if the witness recalled getting a voicemail from Jackson in which he allegedly threatened the victim. She said she did not, so the prosecution played a recording of it for her. In the voicemail, Jackson can be heard threatening to harm someone – which the prosecution claimed was aimed at the victim.
The witness remembered it afterward, and required a short break to calm down.
Once she returned, the prosecution asked if the witness was threatened against testifying and if that was why she didn’t want to testify. The witness agreed she was threatened, and testified Jackson was the one that told her not to testify.
The prosecution asked if she recalled the exact threat. She recalled Jackson saying “Snitches get stitches, and bitches end up in ditches.” She said she did not take the threat seriously at the time.
Due to time constraints, the witness’ testimony was not concluded.
Parties are slated to reconvene Oct. 2.
