Parties argued over the credibility of witnesses and the defendant’s motivation in closing arguments of a murder trial before DC Superior Court Judge Micheal Ryan on June 22.
Irv Duff Jr., 35, is charged with first-degree premeditated murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm for his alleged involvement in the fatal shooting of 26-year-old Darnell Gibson on Aug. 1, 2023 on the unit block of Forester Street, SW.
Duff is also charged with obstruction of justice for allegedly telling an eyewitness, his girlfriend at the time, to lie to the police after the incident.
The prosecution told the jury that Duff, who testified in the trial, had “every motive to lie to you.” They argued that questioning from his attorney, Kevann Gardner, sounded believable because it was rehearsed, but on cross-examination Duff struggled because he could not practice his answers.
Walking the jury through the night of the crime, the prosecution said that both parties agreed that Duff had broken up with his girlfriend hours before the incident. Prosecutors believed the breakup informed “the brewing storm underneath.”
Prosecutors said that Duff, in his girlfriend’s apartment building following the break up, picked up a barbeque grill from the hallway and threw it out of frustration. That grill belonged to Gibson, who prosecutors said walked out of his apartment and asked, “Why are you throwing my grill?”
Duff reportedly told Gibson to, “Mind your f*cking business,” said the prosecutor, but as Duff walked out of the apartment building, he was still yelling at Gibson. Duff walked to his car, which the prosecution called, “luring Gibson outside.”
Before Gibson came out, Duff called his girlfriend on the phone, who was still inside the building. She had testified that Duff said: “Why would I fight? Why would I let him hit me?” Instead of fighting, prosecutors said, once Gibson walked out of the building, Duff fired 22 shots in three bursts of an automatic weapon at Gibson.
The investigation found 22 shell casings, “all in a direct, straight line because the defendant knew exactly what he was doing,” according to prosecutors. They said that no guns or shell casings belonging to Gibson or anyone else were found at the scene.
Prosecutors recalled Duff’s then-girlfriend’s testimony and she said that Duff called her right after the shooting. He told her to lie to the police about his involvement, she claimed. Duff’s phone records corroborated this call, but did not include its conten. If the jury believes she was telling the truth, prosecutors noted that this constitutes an obstruction of justice.
The defense closing argument followed, in which Gardner argued Duff acted in self-defense. It was Gibson that was repeatedly yelling at Duff, Gardner said. “What did Irv Duff do in response?” he asked. “He walked away.”
Gardner argued that Duff was thinking about his breakup, not Gibson. It wasn’t until Gibson ran outside with a gun, Gardner alleged, that Duff reacted by shooting back.
Duff’s reaction was based on a history with gun violence, Gardner said. “Before Irv Duff turned 18 years old, he had been shot three times.” That’s why Duff feared for his life, Gardner argued, that’s why he shot back, and that’s why this is a self-defense case.
Gardner then focused on the prosecution’s witnesses. The lead Metropolitan Police Department (MPD) detective, he said, “had tunnel vision.”
According to Gardner, the detective never talked to the neighbor who found Gibson’s body. That neighbor, Gardner alleged, could have taken Gibson’s gun from his body, which would explain why detectives never found it. Gardner also noted that the detective testified that they never considered self-defense as a possibility.
Both parties agreed that Duff’s then-girlfriend, who testified for the prosecution as an eyewitness, lied to police several times before telling them about Duff’s involvement. “She says Irv Duff and everyone believes it. That’s the gospel truth,” said Gardner, alleging that her testimony of Duff’s actions during and after the crime were also a lie.
However Gardner agreed with Duff’s then-girlfriend that Duff was a “teddy bear,” and noted that she saw Gibson with a gun.
According to Gardner, Gibson’s then-girlfriend, who also testified for the prosecution as an eyewitness, had an “emotional investment.” Because of that, Gardner claimed, she was biased and wouldn’t mention Gibson’s gun.
Parties agreed that Gibson’s then-girlfriend lied in the grand jury proceeding. Gardner said that earlier in the trial she testified that she lied because of, “a lot of pressure.” Gardner argued that an open jury trial produced more pressure than a closed proceeding, giving her even more motive to lie in court.
Duff’s then-girlfriend’s close friend had also testified. She was on the phone with Duff’s girlfriend during the incident and called 911 when she allegedly heard gunshots.
Gardner played the audio of that 911 call to the jury which allegedly matched with Duff’s then-girlfriend’s original lie to the police. Gardner argued that the call matched the original lie because the lie came from the girlfriend, not Duff. There was no obstruction of justice, Gardner said.
After alleging that both eyewitnesses and the friend made inconsistent statements, Gardner said, “when you’re telling the truth, the truth doesn’t change.”
Instead of taking the prosecution witnesses at their word, Gardner implored the jury to, “compare Irv Duff to every witness they put on that witness stand.” “Who’s more credible?” he asked.
According to Gardner, Duff’s testimony about Gibson’s gun is backed up by the evidence. He reminded the jury that Duff’s then-girlfriend mentioned Gibson’s gun. He also noted that Gibson supposedly brought some marijuana outside, which was never found. “That’s where this neighbor comes into play.”
Gardner said that it took MPD 13-and-a-half minutes to arrive at the scene. When they did, there was nobody there other than Gibson’s body, he said. There was no marijuana or gun next to Gibson. It was “empty for a reason,” Gardner said.
The prosecution’s rebuttal argument responded to Duff’s claim that Gibson had a gun. “If you had a nickel for every time the defense mentioned a gun, you’d be a very wealthy panel,” the prosecutor said. Instead, they reminded the jury to look at the evidence, arguing there was no evidence that the gun actually existed.
The rebuttal also addressed the defense’s attempt to discredit their witnesses. “They’re trying to disparage these people,” they said.
The prosecutor asked the jury, “what possible motivation,” Duff’s then-girlfriend had to lie. Duff, they argued, “is the only one with a motive to lie.”
“Irv Duff murdered Darnell Gibson,” the prosecutor said as they told the jury to find Duff guilty.
Parties will reconvene when the jury reaches a verdict.
