DC Superior Court Judge Todd Edelman didn’t rule on probable cause in a shooting after criticizing the prosecution for introducing long-delayed evidence in a hearing on Feb. 20.
Terry Greene, 35, is charged with assault with intent to kill while armed and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on June 7, 2010, on the 5800 block of Fields Place, NE. One person suffered multiple gunshot wounds to the body.
The lead detective testified that two witnesses were referenced in court documents, but that the Metropolitan Police Department (MPD) later identified two additional witnesses who were not listed in the material turned over to the prosecutor.
According to the court documents, the first witness observed Greene walking with two other males and noticed what appeared to be the imprint of a firearm under Greene’s shirt. According to the record, the witness stated that after the group walked out of view, several gunshots were heard coming from that direction. Shortly after, they reported seeing Greene run from the alleyway holding a gun.
The second witness similarly stated that they saw Greene walking with two other males. After the trio moved out of sight, the witness heard gunshots and then observed Greene running from the alleyway with a gun in his hand, according to court records.
According to the detective, the third witness was present with both Greene and the victim at the time of the shooting. The witness reported walking slightly ahead of Greene and the victim in the alleyway when gunshots were heard. The detective stated that the witness immediately turned around and observed Greene with his arm extended, holding a firearm, while the victim fell to the ground.
The detective further testified that a fourth witness had a separate conversation with Greene. During that conversation, the witness said Greene admitted to taking a gun and shooting the victim.
During cross-examination, Greene’s attorney, Todd Baldwin, asked the detective if filing the court documents to include the two missing witnesses took a lot of time. The detective responded yes and Baldwin pointed out that the detective had 15 years to file new documents.
Baldwin also pointed out that the detective did not witness the shooting and his entire knowledge of the case comes from the witnesses, two of them unconfirmed.
Baldwin further questioned the detective about the intent of the shooting. The first two witnesses never saw the shooting, so they could not speak about intent, Baldwin argued. He stated that since the third witness was not facing Greene and the victim, the witness can’t say what they were doing right before the shots were fired. The fourth witness wasn’t even there, Baldwin asserted, so they could not speak about the intent behind the shooting either.
Then, Baldwin addressed the gun used in the shooting. The first witness never saw the gun being fired but identified the defendant as the shooter because he thought he saw a gun in Greene’s shirt. According to Baldwin, the detective never questioned the witness on how he knew it was a gun, what kind of shirt Greene was wearing, how tight it was, or whether he was wearing a jacket that could’ve obstructed the witness’ view.
Additionally, Baldwin questioned the detective about other evidence that was available to connect Greene to the crime scene. The detective confirmed there was no DNA, no fingerprints, no gunshot residue, or no video surveillance linking Greene to the shooting. The detective told Baldwin he did not know where the four witnesses were now.
Judge Edelman asked the parties “how in the world am I supposed to rule on probable cause now?” The defense had not received the supplemental arrest warrant that mentioned the two additional witnesses, in addition, the incident took place 16 years ago, said the judge. The judge acknowledged how difficult it was for Baldwin to cross-examine the detective without seeing all of the evidence.
The prosecutor asked Judge Edelman to hold Greene without bond, but the judge stated that he didn’t see how he could rule on that until he knew this case was going to move forward. He told the prosecutor he was going to give him another week to “hold this together.”
If more evidence didn’t come to light, Judge Edelman said he would have to rule without it.
Parties are scheduled to reconvene on Feb. 27.
