A construction worker testified before DC Superior Court Judge Neal Kravitz that he witnessed a shooter follow an unhoused individual and fire several shots on Sept. 23.
Gerald Brevard, 35, is charged with premeditated first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, carrying a pistol without a license outside a home or business, and destruction of property worth less than $1,000. The charges stem from his alleged involvement in the fatal shooting of 54-year-old Morgan Holmes on the 400 block of New York Avenue, NE on March 9, 2022.
Brevard is also charged with assault with intent to kill while armed, aggravated assault knowingly while armed, mayhem while armed, three counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and carrying a pistol without a license outside a home or business. These charges stem from his alleged involvement in a non-fatal shooting on March 8, 2022 on the 1700 block of H Street, NE. The victim sustained gunshot wounds to his head, eye, chest, thigh, buttock, and hand.
Brevard is additionally charged with assault with intent to kill while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and carrying a pistol without a licence for his alleged involvement in a shooting on March 3, 2022 on the 1000 block of New York Avenue, NE. The victim sustained two gunshot wounds to his lower back and a graze wound to his right shoulder.
All violent charges carry an aggravating factor of a bias-related hate crime, because Brevard allegedly targeted unhoused individuals.
Prosecutors called a construction worker who witnessed the March 8, 2022 incident. The worker explained he had been working at the construction site across the street from the unhoused victim’s encampment for months and claimed he saw the victim there every night.
The worker said the night of the incident he heard one gunshot, saw the victim get up, run, and call for help. He claimed the shooter waited, then followed the victim as he ran into a dumpster enclosure on the side of the construction site.
The eyewitness then described hearing four-to-five more gunshots less than a minute later, before witnessing the suspect leave the scene. When speaking to investigators at the scene, he said the shooter was dressed in all black with a ski mask covering the lower half of his face.
During cross-examination, Brevard’s attorney, Steven Kiersh asked the worker if he regularly uses his phone and had it on him that night. Kiersh questioned why the witness didn’t call the police or text anyone about what he saw. The witness confirmed he talked to two coworkers who were working in the basement of the construction site, but said they only came upstairs after the suspect left.
Kiersh then asked the worker to confirm a photo of where the unhoused individual stayed. In the photo, the encampment was fenced off, but the worker said it was not the night of the incident. He claimed the fence went up at least two weeks after the shooting.
Kiersh also asked about the worker’s ability to see at night. The worker responded that the construction site was illuminated and reiterated his description of the shooter.
In redirect, the worker told prosecutors there was enough light to see the unhoused man and the shooter, nothing blocked his view, and that he could “see everything perfectly.”
In video evidence played by prosecutors, the worker confirmed that he talked to police, described the shooter as being “five, maybe six feet tall,” African American, wearing all black, and having a thin build.
The prosecution also brought the responding Metropolitan Police Department (MPD) officer, now a detective, for the March 8, 2022 shooting to the witness stand. He testified that he was familiar with the area where the shooting occurred and with an unhoused individual who had been there “since I started working here.”
After receiving reports of gunshots, the detective testified that he drove to the scene and noticed the unhoused individual was not in his usual encampment. Nearby construction workers directed the detective towards the direction of the gunshots.
The prosecution displayed the detective’s body-worn camera footage, in which he approached a man lying on the ground. The man on the ground yelled, “please don’t shoot,” and rolled over, revealing a bloody face. The detective recognized the man as the unhoused individual he was familiar with and went with him to the hospital.
The detective also testified that several shell casings were found near where the individual was lying.
In cross-examination, Kiersh confirmed with the detective that shell casings could be moved.
In redirect, the prosecution asked the detective if the area that the unhoused individual was in was easily accessible. The detective said that it was fenced-off and required a specific entrance to reach.
The prosecution also called the unhoused individual’s surgeon who testified about his medical record. The surgeon said, “he had blood in his left chest,” as well as a notable gunshot wound that required his eye to be removed.
A surveillance footage specialist was brought back to court after testifying the prior day of trial. He showed six angles of the intersection of 19th Street and I Street, NE around 1:49 a.m. on March 8, 2022. A man was captured, dressed in all black, as he walked through the intersection.
In cross-examination, Brevard’s other attorney, Megan Allburn, noted that the specialist is a contractor and not employed by MPD.
A property owner on H Street testified to the footage picked up by her Google Nest camera. In the early morning hours of March 8, 2022, the woman’s camera detected a voice saying “please don’t shoot.” Around twenty minutes later, the camera captured a man across the street falling down.
Allburn cross-examined the property owner, clarifying that the woman was not staying at her house the night that the footage was taken from. Allburn also asked if MPD called the witness to ask for the footage. The witness said they had not.
The prosecution brought a witness to testify about a video compilation he made of surveillance footage taken in the early morning of March 8, 2022. In the 17 minute compilation, starting a couple blocks away from H Street, NE, a man wearing all black is followed as he passed several storefronts, crossed a highway, and spent several minutes wandering an overpass.
Parties are slated to reconvene on Sept. 24.
