Counsel Says They'll Be Ready for Trial

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Even though there is still more work to done, counsel told a judge that they will be prepared for trial.

Timothy Gibson, 28, is charged with first-degree murder while armed for allegedly shooting 28-year-old Carl Day-Baker on the 1500 block of T Street, SE on Sept. 1, 2018. Gibson is also charged with possession of a firearm during a crime of violence and assault with intent to kill while armed.

Even though there are outstanding motions that Judge Danya A. Dayson has yet to rule on and an approaching trial date, both parties agreed at a trial readiness hearing on Aug. 28 that postponing the trial would be unnecessary. The trial is set to begin on Sept. 9.

Gibson’s defense attorney, Eugene Ohm, told the court that he also plans on opening with a self-defense argument. Ohm said that contents inside a pouch on Day-Baker formed the basis for a self-defense claim.

Ohm told the judge that a knife was found in the pouch, as well as marijuana and a scale. He suggested that the scale could have been mistaken for a gun.

One of the prosecutors said she intended to file a motion to suppress the contents of the pouch, since the pouch was closed at the time Gibson allegedly shot Day-Baker.

Judge Dayson said she would review the photos of the pouch and decide whether its contents would be admissible evidence by the next court date.

Gibson is scheduled for a status hearing on Sept. 3.

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Counsel Says They’ll Be Ready for Trial