A jury acquitted a shooting defendant not of all nine charges on Oct. 14, on the same day as closing arguments before DC Superior Court Judge Neal Kravitz.
Daquawn Lubin, 30, was charged with conspiracy, two counts of assault with intent to kill while armed, aggravated assault knowingly while armed, assault with significant bodily injury while armed, and four counts of possession of a firearm during a crime of violence, for his alleged involvement in the non-fatal shooting of two victims.
The incident occurred on the 4600 block of Benning Road, SE, on July 24, 2023.
On Oct. 9, Judge Kravitz granted Lubin’s motion for judgment of acquittal in regards to the carrying a pistol outside a home or business and the possession of a prohibited weapon charges.
During closing arguments, the prosecution argued that Lubin and his ex-codefendant Jonathan Young, 35, shot two men in retaliation for being asked to leave an apartment belonging to one of the victim’s now ex-girlfriend.
According to the prosecution, Lubin and Young along with two other guests were hanging out in one of the victim’s ex-girlfriend’s apartment. While they were at the apartment, one of the victims came over to talk to his then-girlfriend about their relationship and kicked out her guests, including Lubin and Young.
The victim claimed that the vibe from the group “threw him off.” In response, the victim called his godfather, who was the other victim in the shooting.
Surveillance footage in the apartment complex showed Lubin, Young, and the two other guests leaving one of the victim’s ex-girlfriend’s apartment around the time the victim came over. The individual that the prosecution claims was Lubin was seen wearing a teal Plant Burger T-shirt and Young was seen wearing a black T-shirt and grey sweatpants.
Surveillance footage also showed Lubin and Young in the apartment complex parking lot circling a red Hyundai, which belonged to Lubin, for a period of time and then driving off, according to the prosecution.
About an hour later, two suspects were caught on surveillance footage in the same parking lot wearing black hoodies and ski masks as they huddled behind vehicles in possession of firearms.
The two suspects fired gunshots at the two victims as they entered the parking lot.
“How do we know Lubin was involved?” the prosecution asked.
The prosecution argued that although the red Hyundai was not in the apartment complex parking lot when the shooting occurred, GPS data showed that it was in the vicinity of the 4600 block of Benning Road and argued that Lubin and Young traveled by foot to the apartment complex.
Additionally, the prosecution argued that although the suspects were wearing black hoodies during the time of the shooting, the shooter was wearing the same distressed jeans and sneakers that Lubin was wearing in the earlier surveillance footage and grey sweatpants that Young was wearing.
Defense attorney Kevin O’Sullivan argued that Lubin had no involvement in the shooting.
First, O’Sullivan argued that Lubin wasn’t upset when told to leave the apartment by one of the victims. In fact, no fight, argument, or eye-communication took place, O’Sullivan emphasized.
Additionally, O’Sullivan stated, “a lot of stuff was missing” in regards to the prosecution’s evidence.
Surveillance footage also showed the two victims leaving the apartment, and they were casually walking, not displaying any signs of fear, concern, or tension, according to O’Sullivan. However, the prosecution did not show this footage in court.
Metropolitan Police Department (MPD) officers spoke with an eyewitness who was able to get a description of the suspects, according to O’Sullivan. The eyewitness said that the suspects had dreadlocks, which Lubin did not have. O’Sullivan explained that the prosecution played this interview in court without any audio.
In reference to Lubin’s clothing, O’Sullivan argued that distressed jeans are commonly worn in DC. He noted that in the surveillance footage which showed Lubin and Young leaving the apartment, Lubin’s jeans had one distressed mark on them. However, the shooter had two distressed marks on their jeans.
O’Sullivan also argued that the prosecution did not mention the point about Lubin’s clothing in their opening statements.
Additionally, when a search warrant was conducted in Lubin’s apartment and vehicle, no black hoodie, ski mask, or firearm was found that could have connected him to the description of the shooters, according to O’Sullivan.
O’Sullivan also noted that the prosecution never called in the lead detective in this case to testify.
The prosecution also never called in the two other guests that were in the apartment with Lubin and Young to testify.
O’Sullivan stated, “the prosecution is just trying to throw whatever they can” against Lubin.
Following closing arguments, the jury was dismissed for deliberations and returned the verdict by the end of the day.
The jury acquitted him of all charges.
No further dates have been set at this time.
