An eyewitness to a fatal bar shooting testified she was intoxicated at the time of the incident in a homicide trial in DC Superior Court Judge Todd Edelman’s courtroom, April 30.
Robert Lowe, 42, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction greater than a year for his alleged involvement in the fatal shooting of 43-year-old Kenneth Goins inside Desperados Burgers & Bar, at the 1300 block of U Street, NW on April 27, 2024. Goins sustained a gunshot wound to the middle of his abdomen.
The prosecution called an eyewitness who reported seeing the fight between individuals who prosecutors identified as Lowe and Goins. The eyewitness, a Howard alumna, testified she was familiar with U Street and frequently went out with her best friend to the clubs and bars. The night of the incident, she was highly intoxicated on Tequila, the only type of alcohol she drinks. The eyewitness claimed she, despite being intoxicated, was able to stand, see, and understand what was going on around her.
She recalled the events before the incident, testifying that she and her best friend were outside of the bar when a Black man with dreads, Goins, approached and invited them inside. They did not know the Goins prior to that night.
The group went inside the bar. The eyewitness described the establishment as very small with the tops at the entrance only eight feet from the bar in the back. The group was at the high top nearest to the door. The eyewitness said she faced the bar, her best friend faced her, and Goins was between them, facing a wall, reportedly having a good conversation.
“Out of the blue,” the eyewitness testified, Goins was punched in the right side of the face by a White man, who prosecutors claim was Lowe. The men began fighting.
The eyewitness could not recall whether words were exchanged prior to the punch but assumed they were talking while fighting. She testified that security likely got involved and she, after prompting from the prosecution, was certain a woman was kicking the person prosecutors claim was Lowe while he was on the ground under Goins. She said Goins was winning the fight.
After a time, the eyewitness decided to leave with her best friend, saying the fight took too long. When they were in the doorway of the establishment, she testified hearing gunshots. She took off running with her best friend.
In cross-examination, defense attorney Lisbeth Sapirstein challenged the credibility of the witness’ testimony. She began, asking the witness whether her best friend was old enough to enter the clubs and bars on U Street that night. The eyewitness claimed she could not recall. Sapirstein asked if the best friend had a fake ID. The eyewitness again claimed she could not recall. Finally, Sapirstein, frustrated with the perceived evasions, said the eyewitness was 23-years-old at that night making her best friend only 20-years-old.
Sapirstein then brought up that on June 24, 2023, the eyewitness totaled her car. Sapirstein questioned her, bringing up the police report which stated the eyewitness claimed the accident was actually an armed carjacking by three-to-six unknown individuals. Sapirstein noted the eyewitness’ attorney in that case was present in the courtroom and claimed she concocted a false story to police. The witness claimed she could not recall ever speaking to police. Further she claimed she could not remember anything more than totaling her car.
“So you drank so much that you could not remember and do not remember now?” Sapirstein questioned, inferring the eyewitness was drunk when she totaled her car.
A medical examiner, called by the prosecution, testified she performed an autopsy on Goins. The prosecution presented images of Goins’ autopsy. The medical examiner reported he had a gunshot wound just above his naval. She recovered bullet fragments from within Goins’ body and he had 1250 milliliters of blood in his abdominal cavity. Goins also had noticeable bruising on his right and left eyes along with on his shin.
The prosecution asked if the wound could have occurred with Goins positioned on his knees, bent at a 45 or 90 degree angle. The medical examiner said it was possible.
Sapirstein then asked the medical examiner if it was possible for Goins to have been in any position for the wound to appear as such. The medical examiner said Goins could have been in any position so long as the gun was in front of him.
A firearms specialist was called as a witness, he reported he processed a firearm provided to him by the prosecution. He said his results came back that a G2 RIP 9 millimeter bullet was likely used in the incident. “RIP” stands for “radically invasive projectile.” The specific type of bullet has petals, or legs, that upon impact with a hydraulic target expands and fragments the petals for multi penetration within the target.
The firearms specialist noted that it is possible for this bullet to fragment upon hitting a solid, but the copper, being a soft metal, in the bullet would likely crush into a ball rather than fragment.
A DNA analyst was called by the prosecution. The analyst reported the lab was sent a backpack, two bottles, swabs from a revolver, a buccal swab from Lowe, nail clippings and a blood stain card from Goins.
She reported the results from the backpack straps were inconclusive. The revolver test results were found incompatible, meaning not suitable for any reference. The buccal swabs, nail clippings, and blood stain card traced back to their original contributors. Finally, the second bottle rim traced back with an octillian chance of including Goins than not.
The prosecution also called a Metropolitan Police Department (MPD) detective to testify. She created an array of suspects for a witness to identify. The witness reportedly identified Lowe from the array.
Sapirstein pointed out that a few of the suspects on the array looked very similar to Lowe, to which the detective agreed.
Parties are slated to reconvene on May 4.
