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By
Patrick Hillmeyer
- March 20, 2025
Court
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Daily Stories
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Non-Fatal Shooting
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A shooting defendant’s motions for a new trial based on undisclosed evidence was denied by DC Superior Court Judge Errol Arthur on March 19.
Jerry Tyree, 46, was found guilty of aggravated assault while armed, possession of a firearm during a crime of violence, two counts of unlawful possession of a firearm with a prior conviction, attempted unlawful possession of liquid PCP, and attempted unlawful possession of a controlled substance. The charges stemmed from a shooting on the 5900 block of Foote Street, NE on Nov. 29, 2023. A female transgender sex worker, sustained injuries to the groin and genitals from the incident.
Judge Arthur read the motion, filed by Tyree’s attorney Sara Kopecki, claiming newly discovered evidence contradicted the victim’s testimony in that on Sept. 10, 2024, the victim testified she was no longer a sex worker. However, on Sept. 23, 2024, the victim filed a police report stating she was threatened while engaging in sex work on Sept. 21.
The prosecution relayed the information on Sept. 25, 2024, one day after Tyree was convicted. The motion claims the prosecution failed to disclose that the victim was still engaged in sex work at the time of trial.
Judge Arthur denied the new trial motion because the new evidence would wouldn’t discredit the victim’s testimony.
According to Judge Arthur, nothing in the record says the victim was engaged in sex work when she testified Therefore, the evidence is “of little to no consequence” and would probably not result in acquittal.
Kopecki responded the prosecution had access to the victim the whole time, and had a duty to determine whether she was performing sex work at the time of her testimony.
Judge Arthur replied that the prosecution does not have an obligation to proactively check up on every witness. However he said, “If this had occurred while the jury was deliberating [and the case was still in progress] we’d be having a different discussion.”
Parties are slated to reconvene April 25.