The victim of an armed robbery faced critical cross-examination from defense attorneys in a carjacking case before DC Superior Court Judge Andrea Hertzfeld on Oct. 29.
Marcus Tucker, 30, is charged with armed carjacking, possession of a firearm during a crime of violence, robbery while armed, and assault with a dangerous weapon in relation to his alleged involvement in an armed carjacking that occurred April 17 at the intersection of 30th and Hartford Streets, SE.
The defense, led by Jason Tulley, questioned the victim on the information he provided to the 911 dispatcher, officers on scene, detective, and the investigator about the events in the case.
Tulley pointed out apparent inconsistencies in the description of the assailant’s clothing as wearing “all black” on the 911 call but to Metropolitan Police Department (MPD) officers, he identified a suspect in all white and a black coat as the perpetrator. The witness also gave different accounts about the number of guns present at the scene and which direction the suspects drove away.
The witness stated that he had been arrested for having an open container of alcohol a few hours before the carjacking. He stated that he bought tequila multiple times throughout the day and was repeatedly questioned about whether he was drunk when the incident occurred, which he denied.
Officers can be seen on the body worn camera footage of the victim who appeared drunk.
Tulley questioned the victim about his criminal history, where he revealed that he had a pending case in Maryland for driving under the influence and resisting arrest, and was released pending trial in a felony strangulation case in DC.
The prosecution’s redirect focused on clearing up the irregularities in the witness’ testimony by confirming that he had been confused by all the questions thrown at him by so many different people, but that he was telling the truth to the best of his ability.
During the hearing, prosecutors also questioned an FBI agent who specializes in tracking communications between cell phones and cell towers. The field, known as “historical cell site analysis,” allows investigators to locate and identify which cell towers connected to a suspect’s phone at a particular date and time.
The witness stated that Tucker’s phone was in the general vicinity of the crime scene at the time of the carjacking.
Defense attorney Marta Garcia questioned the accuracy of the map and the usefulness of historical cell site analysis in her cross examination.
“The call record doesn’t list the location of the phone itself, does it,” Garcia said. The witness testified that cell site analysis could not provide such precise information.
The trial is slated to resume Oct. 30.
