A trial was abruptly paused after the victim’s testimony raised a potential Fifth Amendment issue before DC Superior Court Judge Judith Pipe on Oct. 2. In essence, the victim might be testifying against himself.
Dominick Jackson, 41, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and unlawful possession of a firearm for his alleged involvement in a shooting that occurred on Nov. 20, 2022, on the 700 block of 12th Street, NE.
A witness with a connection to the victim and the defendant continued her testimony from the day before. She is the mother of two of Jackson’s children, and had a platonic relationship with the victim at the time of the incident. The witness reiterated that she did not want to be testifying and had not wanted to get involved in the case.
The reason she explained is that she had not spoken to the police on the night of the incident. The defense, Kevin Robertson, also clarified that she did not call the police in the days following the shooting, even after visiting the victim in the hospital. Police had, however, tried in the days following the shooting to contact her, including knocking on her door, which she ignored.
The relationship between the victim and the witness was strained. When prompted by Robertson, she spoke at length about the numerous calls to the police she had made regarding the victim’s slashing her tires, damaging her property, showing up at her workplace, and threatening her. Several times, she had also taken out civil protection orders (CPO) against him, but dropped them in an attempt to “keep the peace” between them.
On one of the days that she called the police, in May 2022, she and the victim had gotten into an altercation, and he had allegedly broken her television. She called Jackson to tell him not to come pick up his children that day, at which point the victim grabbed her phone. The two men argued over the phone, the victim allegedly telling Jackson not to worry about his children because “they’re mine now.”
According to the witness, the victim also threatened to kill Jackson. Jackson asked him to repeat it, and, despite the witness asking him not to, the victim repeated the threat.
As the trial resumed, the judge ruled that the prosecution could not present hearsay statements from a witness who refused to testify, reportedly out of fear for her safety. Despite earlier requests by the defense, the prosecution declined to introduce a statement from a victim advocate, though that individual will be made available as a witness.
The victim then took the stand, describing his complex relationship with the mother of the defendant’s children, past threats from the defendant, and the night of the incident. He recounted seeing the defendant near a restaurant, then later being shot five times, including twice in the leg. He allegedly identified the defendant in court and stated he saw him retrieve a gun from under a truck before opening fire.
Cross-examination grew tense as the defense questioned the witness’s credibility and motivations, raising a 2024 Civil Protection Order and a pending criminal case, where the victim unlawfully, knowingly, and intentionally distributed a quantity of cocaine on Feb. 21, 2024. This raises concerns about potential Fifth Amendment implications about self-incrimination, as it prompted the court to pause proceedings so that the victim could consult with his attorney.
The mother of the defendant’s children returned to the stand to describe a phone conversation between the defendant and the victim, during which the defendant appeared calm despite being informed of a Civil Protection Order. She was later excused, and the judge granted her release from electronic monitoring.
An officer also took the stand. He identified photos that were taken of the car after the victim was removed, explaining to the jury where the bullet holes could be found. His body-worn camera footage showed the officers removing the victim from the car, unconscious, and assessing his injuries. They had performed life-saving medical treatment before an ambulance arrived to transfer the victim, at which point the officer was no longer involved with the case.
The trial was paused and is slated to resume on Monday, October 6, allowing time for legal counsel to meet regarding the witness’s rights and testimony.
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Michaela Mogavero & Crisstal Negron
