The prosecution called a homicide defendant’s wife to testify during a trial before DC Superior Court Judge Dayna Dayson on April 9.
Jamil Whitley, 38, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business and unlawful possession of a firearm with a prior conviction greater than one year for his alleged involvement in the fatal shooting of 32-year-old Kevin Redd on the 4700 block of Jay Street, NE on June 11, 2020.
In her testimony, the prosecution noted inconsistencies with her prior statements before a grand jury. Whitley’s wife stated that she owned two cars in June 2020, a LXI Chrysler Sebring and a van. The prosecution asked her what year the Chrysler was and she said it was 1992. According to prosecutors, Whitley allegedly drove the Chrysler during the shooting.
The prosecution confirmed Whitley’s wife’s answer before noting that, in the grand jury, she testified that the Chrysler was a 1997, not a 1992.
“I would never lie about the car I had,” Whitley’s wife stated, “whoever you had taking notes was wrong.”
The prosecution then showed Whitley’s wife records from the Virginia Department of Motor Vehicles (DMV), showing a 1997 LXI Chrysler Sebring registered under her name.
When prosecutors asked whether Whitley’s wife still owned the car, she said she didn’t because it broke down, but she “couldn’t recall” when. After reviewing her grand jury testimony, she remembered the vehicle broke down in July 2020 on the highway.
Prosecutors asked how she got home after it broke down and she stated that she called a friend who picked her up. However during her grand jury testimony, Whitley’s wife stated her friend called her an Uber. When asked about how long she’d known her friend, she stated that they met when she was in her early 20s. In the grand jury, she said they’d met in junior high or middle school.
“My memory is shot,” Whitley’s wife said, “you could tell me something yesterday and I’m gonna forget it.”
Prosecutors asked her if Whitley had a phone in June 2020, to which she said yes. They asked her if he’d ever changed his phone number and she said she didn’t know. According to her grand jury testimony, Whitley changed his phone number around May 2021.
On cross-examination, Whitley’s attorney, Madalyn Harvey asked her if it was upsetting for her to see Whitley in the courtroom.
“Yes, it is,” Whitley’s wife replied.
The prosecution also called a Federal Bureau of Investigation (FBI) agent from the Cellular Analysis Survey Team (CAST) to the stand.
The agent explained that CAST is a special unit in the FBI that analyzes cellphone records and allows agents to determine a person’s approximate location using cell towers.
The prosecution showed the agent a map from the report he created using T-Mobile phone records from Whitley’s phone. Four points were plotted on the map: the crime scene at Jay Street, Whitley’s residence at the time of the incident, a Shell gas station, and Ebony Inn Restaurant and Lounge in Maryland.
The prosecution asked the agent to explain the points on the map. The agent testified that between 1:49 a. m. and 1:51 a. m. on the day of the shooting, Whitley’s phone pinged off a cell tower that “likely” provided coverage to the crime scene. He also testified that after 1:51 a. m., Whitley’s phone did not ping off of any other cell towers that would place him near the crime scene.
In cross-examination, James Brockway, Whitley’s other attorney, asked whether the system the FBI uses to measure the distance of the cell signal from the cellular tower is absolutely accurate. Brockway displayed a map with outlined wedges displaying the distance. The agent admitted the cell phone pinged could be outside the wedge, meaning the estimation was not precise.
The prosecution called a forensics firearms examiner as an expert witness. The expert examined a fired bullet and fragments and provided the prosecution with a list of possible guns that match the evidence. The expert determined the gun in the case was likely a .38 special revolver, from a common manufacturer such as Armscor, Colt, or EIG.
The expert explained that a semi-automatic handgun ejects a shell while a revolver needs the casing manually removed by the user. The prosecution then presented for the jury images of several possible guns, all .38 special snub nose revolvers. Snub nose revolvers refer to a revolver with a short barrel, according to the expert, and are popular for their compactness and concealability.
Brockway asked the expert if he could determine, with certainty, the specific gun used in the case from the fired bullet and fragments. The expert couldn’t, but said he could find a gun relative to the actua murder weapon. Brockway then presented several more guns identified by the expert as .38 special revolvers with longer barrels from Armscor, Colt, and EIG.
Additionally, Brockway asked the expert to explain to the jury a jacketed bullet, specifically a full metal jacketed (FMJ) bullet. The expert said FMJ’s are lead bullets in a copper shell typically found in semi-automatic weapons.
When the expert was excused, the parties argued about the use of Whitley’s data search history, Harvey said the use invites prejudice, an unfair disadvantage for Whitley. The prosecution disagreed, claiming that Whitley’s search history is pertinent to the case considering he was searching specifically for windshield auto-repairs.
Judge Dayson said she will rule on the issue at a later date.
Parties are slated to reconvene on April 13.
