Defense Attorney for Murder Defendant Claims Prosecution is ‘Ambushing’ Him

By D.C. Witness Staff - June 26, 2019
Court | Daily Stories | Homicides | Suspects |

A defense attorney for a murder defendant claimed June 24 that the prosecution was stragetically ambushing him by changing the focus of a motions hearing last-minute.

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, assault with intent to kill while armed and first-degree burglary.

One of Gibson’s defense attorneys, Eugene Ohm, said he only received an email about the prosecution’s change of focus, from a witness to calls Irving received in jail, only an hour before the hearing.

Ohm said no one had given him any notice that the jail calls would be meaningful in any way. He said he had been preparing all weekend to discuss the witness. Ohm said he didn’t have a chance to listen to the calls. 

According to Ohm, this was “clearly a strategic move on the government’s part.” Ohm objected to going forward with the hearing, claiming the prosecution was attempting to “ambush” him. 

DC Superior Court Judge Danya Dayson said she understood Ohm’s frustration but didn’t think this was a strategic move by the prosecution. 

The hearing reconvened later that afternoon with the prosecution questioning a homicide detective from the Metropolitan Police Department about a series of excerpts from jail calls made between Gibson and other individuals. The prosecution attempted to prove that Gibson was not trustworthy enough for halfway housing.

The defense didn’t have an opportunity to cross-examine the detective, so the motions hearing is scheduled to resume on July 15. 

According to court documents, Day-Baker and his brother had gotten into an altercation with Gibson. After the altercation, as the brothers began walking away, Gibson apparently fired several shots that struck Day-Baker.