Prosecutors dismissed an accessory after the fact charge for a shooting defendant before DC Superior Court Judge Rainey Brandt on Feb. 10.
Gerald Day, 34, is charged with assault with a dangerous weapon, possession of a firearm during crime of violence, carry pistol without a license outside home or business, and threatening to kidnap or injure a person for allegedly holding a gun to a woman’s face after she argued with a group of his friends at the intersection of O Street and Carrolsburg Place, SW.
Day’s co-defendant, Paul Poston, 32, was sentenced on June 26, 2024 to two years of imprisonment, with all but 10 months suspended, for shooting at the same victim’s car after the altercation. According to court documents, a witness told police Day tried to stop Poston from firing before they fled together in a silver truck.
At the hearing, prosecutors dismissed the accessory after the fact for assault with a dangerous weapon for allegedly helping Polston flee. They did not provide a reason for the dismissal.
Day’s attorney, Steven Polin, requested that the prosecutors advise their witnesses not to discuss anything related to the actual shooting during trial. The prosecutors agreed if the defense agreed to not discuss any of the circumstances that led to the shooting.
According to the prosecutor, surveillance footage showed Day pulling a gun on the victim then kicking her car door in when she attempted to leave the area. The shooting was captured by a witness’ iPhone camera, the prosecutor said.
“As far as we’re concerned, Mr. Day’s conduct ends with this quote-unquote ‘doorkicking,” Polin said. “What happened after that – to be honest with you – we don’t care.”
Jury selection is scheduled to begin on Feb. 11.
