Prosecutors asserted that a shooting defendant did not act in self-defense during closing arguments in a trial before DC Superior Court Judge Rainey Brandt on Feb. 25.
Gerald Day, 34, a Special Police Officer, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence or dangerous offense, carrying a pistol without a license outside a home or business, and threatening to kidnap or injure a person for allegedly pointing a gun at a woman after a fight on Oct. 29, 2023, at the intersection of O Street and Carrollsburg 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.
During closing statements, the prosecution summarized witness testimony and a video of the incident. They argued the evidence proved Day’s guilt beyond a reasonable doubt and that he did not act in self-defense or in the defense of others. The prosecution stated that even if the victim threatened Day, he escalated the situation.
You, “can’t bring a gun to a mace fight,” prosecutors said and they asked the jury to return a guilty verdict on all charges.
IDay’s attorney, Stevin Polin, focused on the credibility of the witnesses and the reasoning for Day’s pulling out his weapon. Polin described the situation as a “girl fight” and the victim as an “out of control woman” who “was looking for a fight” and made Day feel as if his or others’ lives were in danger. According to Polin, the victim “has to get out and start something because that’s her nature.”
Polin asserted that Day’s “actions were reasonable” because he pulled his gun as a de-escalation tactic that he was taught in his role as a Special Police Officer (SPO) for Howard University. A SPO is authorized by the mayor to exercise police powers at a certain location.
In their rebuttal, the prosecution emphasized that the jury should consider how Day responded to the situation and claimed his response was unreasonable.
The parties will reconvene when the jury reaches a verdict.
