Parties heard testimony from the victim, a detective, and an eyewitness in a shooting trial before DC Superior Court Judge Rainey Brandt on Feb. 23.
Gerald Day, 34, 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, 32-year-old Paul Poston, 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.
The victim, who the prosecutors called to continue her testimony, said during cross-examination that Day pointed a gun at her. According to the victim, her arm was at her side holding mace and she did not say anything to Day before he pointed the gun at her.
The victim’s friend and eyewitness also testified, describing the fight leading up to the assault while looking at surveillance footage.
The victim’s friend said the victim met her after a party and they started driving away together, before the victim saw a group of people, including a man she had a casual sexual relationship with.
According to the victim’s friend, the victim yelled at the man and got out of the car to approach the group, who proceeded to “beat her up.” The victim attempted to mace the group, her friend said in court, but she did not see the chemical weapon make contact anyone.
When Day approached the victim and allegedly pointed a gun at her, the victim was not macing anyone, the friend testified.
During questioning from Steven Polin, Day’s attorney, the victim’s friend said she was not positive she saw a gun in Day’s hand but thought he hit the car the victim was in with the gun before the victim drove away.
The victim’s friend said during cross-examination that the victim appeared angry and confrontational during the fight and her interaction with Day.
Prosecutors called a Metropolitan Police Department (MPD) detective who interviewed Day on Nov. 7, 2023. He testified that Day did not initially disclose he was carrying a firearm during the incident but later acknowledged being armed during a meeting with another detective and Day’s work supervisor.
According to the detective, Day said during the second interview that he pulled his gun after the victim yelled, “I got somethin’ for y’all,” and sprayed mace. Prosecutors played CCTV video footage showing the mace deployed before Day entered the frame.
The detective also testified that he confirmed that Day’s license to carry a firearm expired between June and September 2023, prior to the incident.
During cross-examination, defense attorney Polin questioned the detective about Day’s authority as a Howard University Special Police Officer (SPO). The detective said SPOs have limited authority but may carry firearms while on duty.
Polin referenced a recorded interview in which the detective told Day, “As one law enforcement officer to another, I would have done the same thing under those circumstances.”
Prosecutors objected, and after a discussion outside the jury’s presence, Judge Brandt cautioned against Polin taking the comment out of context before allowing the recording to be played.
Then, Polin played the video for the jury.
After the prosecution rested its case, the defense called Day’s girlfriend’s sister, who was present during the incident..
The witness testified that after leaving a Halloween party, the victim approached her family aggressively, leading to a fight. She said the victim yelled, “I got something for y’all,” and sprayed her in the face with mace. Polin then showed the jury surveillance footage of the altercation.
Outside the jury’s presence, Judge Brandt questioned the defense’s argument that Day acted in self-defense, noting the footage appeared to show Day’s girlfriend’s sister, not Day, as the target of the mace.
The trial is set to resume Feb. 24.
