A 10-year-old boy testified as an eyewitness to his father’s fatal shooting before DC Superior Court Judge Todd Edelman on Sept. 9.
Robert Baskerville, 33, is charged with conspiracy, first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license. The charges stem from Baskerville’s alleged involvement in the fatal shooting of 28-year-old Darron Holmes on April 16, 2022 on the 1200 block of Southern Avenue, SE. Holmes died from four gunshot wounds to his neck, wrist, butt, and ear.
For her alleged involvement in the same offense, Baskerville’s former co-defendant, Tamera Brown, 30, is charged with conspiracy, first-degree premeditated murder while armed, two counts of threatening to kidnap or injure a person, and obstructing justice.
Holmes’ son, a ten-year-old boy, was brought back to the witness stand for cross-examination.
He testified that he only heard one shot and the shooter stood far away from Holmes. The witness told the jury that the shooter was a man named “Two,” his mother’s boyfriend.
According to prosecutors, a previous witness testified that “Two” was Baskerville’s nickname and that he dated Brown, Holmes’ ex-wife and the mother of the juvenile witness.
Baskerville’s attorney, Christen Philips, further clarified some of the witness’ prior testimony. In his direct examination, the juvenile testified that his parents were shoving prior to the shooting. Philips gave him his Grand Jury testimony, where he had said that his father “attacked” his mother. The young witness replied, “when I said attacking, I meant starting the conversation.”
Philips noted that the witness had met with prosecutors several times between his Grand Jury testimony and trial.
In his direct examination, the witness told prosecutors that both his mother and father fell during their altercation. Philips brought out the juvenile witness’ Grand Jury testimony again, reading to the jury that the witness only mentioned his mother falling. The witness responded that they were both rolling around on the floor. “You know how in the movies, two people roll over like they’re rolling down a hill.”
The witness said he found a shotgun in Holmes’ apartment on the morning of the shooting. Philips asked if prosecutors ever asked the witness follow up questions about the gun. The witness said they only asked him to describe it.
The prosecution questioned Holmes’ son in redirect. The witness testified that he saw “Two” weekly at his mother’s apartment, but could not recall his face because the shooting was four years ago.
The prosecution also brought back another witness for cross-examination, Holmes’ father who
testified that his son had given him a shotgun months before the shooting. He said there was no shotgun in Holmes’ house on the day of the shooting.
“My concern was for the boys,” he said, referring to Holmes’ two sons. The grandfather, a former Metropolitan Police Department (MPD) officer, currently has custody of Holmes’ sons.
Baskerville’s other attorney, Sylvia Smith, asked him about his prior conversations with prosecutors. According to Holmes’ father, prosecutors had spoken to him about a firearm in Holmes’ house. The witness recovered the firearm from Holmes’ home and eventually turned it in to detectives.
The prosecution redirected Holmes’ father and he testified that the name “Two” meant nothing to him. Prosecutors handed him a firearm on the stand, which the witness verified was the same one he recovered. He could not remember if it was unloaded when he retrieved it.
Smith questioned the witness again and clarified that the firearm was in an evidence bag that was dated four months after the witness handed it off to MPD.
Without the jury present, Judge Edelman also considered several motions. Smith requested that the case be dismissed because the prosecution failed to disclose that they spoke to Holmes’ father about the firearm recovered from Holmes’ apartment.
According to prosecutors, they did not remember this phone call but acknowledged, “it would have been a better practice if I wrote it down.”
Judge Edelman agreed that they had a “significant issue,” but determined that dismissal was not the proper sanction. He instead asked parties to write out potential sanctions.
Smith also requested the charges be dismissed due to the prosecution failing to legally meet their burden. She argued that there was no premeditation, no conspiracy, that the prosecution could not disprove beyond a reasonable doubt that Baskerville was defending another person, and that no one directly identified Baskerville as the shooter.
Prosecutors argued that Brown told Holmes, “I’m going to get someone to do something to you,” before arriving at his apartment with Baskerville. According to the prosecution, that is evidence of conspiracy and premeditation.
Judge Edelman denied Smith’s claims about Baskerville’s defense of another person or lack of identification, but agreed to hear further arguments about conspiracy and premeditation at the next hearing.
Parties are slated to reconvene on Sept. 11 without the jury present.
