Counsel Gives Opening Statements in Day One of Murder Trial

By Christopher Sivak [former] - March 9, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

On day one of a jury trial, counsel gave their opening statements as the prosecution called four witnesses in murder case on March 8.

Shaka Haltiwanger, 23, is charged with second-degree murder while armed, possession of a firearm during a crime of violence while armed, possession a large capacity ammunition feeding device while armed, and carrying a pistol without a license outside a home or business for allegedly shooting Anthony Kelly, 39, in the back on Sept. 10, 2021, on the 1400 block of 29th Street, SE. 

The trial started with calling one of the jurors to the stand because her boss allegedly threatened to fire her because of missing work.

In response to the juror’s predicament, DC Superior Court Judge Rainey Brandt called her manager and spoke to him over the phone. She explained that the juror could not be fired for attending jury duty. The manager, however, insisted that her job was not in jeopardy.

During the prosecutor’s opening argument, he described how Kelly had been shot in the back and was unarmed. He furthered his point by saying that Haltiwanger was at the apartment to sell drugs to Kelly’s father. 

The defense began their argument by appealing to Haltiwanger’s troubled past and presenting the idea of self-defense.

Defense attorney Wole Falodun said Haltiwanger started selling drugs at a young age to provide for him and his sister. 

Falodun also said that Kelly flashed a gun at Haltiwanger and even threatened to kill him. He continued by explaining that Kelly’s Blood Alcohol Concentration (BAC) was 0.29, which is almost four times the legal limit. 

The prosecution’s first witness, who was the first responding officer on the scene, said he saw Kelly laying on the floor of the lobby with blood on the ground. This was all corroborated with body camera footage that the officer was wearing during his investigation. 

The prosecutor showed the officer numerous pictures of the bullet wound and also a bullet fragment on the ground near the body.

Kelly’s mother explained that she never saw Kelly with a gun and that he did not have any violent tendencies. 

Kelly’s ex- partner, who had known him since 2008, also said she too never saw Kelly with a firearm, and that he did drink. She said that alcohol made Kelly sad or happy, but never violent. 

The final witness, Kelly’s father, who has a speech impediment due to a stroke he suffered a few years ago, explained that Kelly had moved in with him after the stroke. He said Kelly stayed with him for a couple of years but moved out shortly before the incident.

The father stated that he and another woman purchased crack cocaine from Haltiwanger the morning of the shooting, and that the defendant slept on his couch. 

He said that he woke up to the sound of shouting and saw Kelly and Haltiwanger having an argument in the living room. He said Kelly shoved Haltiwanger out of the apartment, and followed him down the hallway.

Falodun cross examined the father and confirmed that he never heard Haltiwanger threaten Kelly.

The parties are scheduled to return March 9 to continue the trial.