Defense Challenges Competency of Prosecution’s Key Witness

By D.C. Witness Staff - August 27, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

During a trial readiness hearing Aug. 26, defense counsel requested that the competency of a key witness be examined before a murder defendant’s trial begins.

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.

Gibson’s defense attorney, Eugene Ohm, requested that one of the prosecution’s witnesses have a mental evaluation to determine if the witness could accurately remember events from the past.

The basis for this challenge as it relates to the witness’s mental health was discussed off-the-record.

According to court documents, the witness saw Gibson shoot Day-Baker in the back while he was running away, and then again in the head while Day-Baker was on the ground.

Defense counsel plans to challenge the witness’s competency by speaking to an expert witness.

The prosecution said that while the expert has a relevant doctoral degree, he is not a medical doctor and should not be permitted to testify to the mental health of the witness.

DC Superior Court Judge Danya A. Dayson  permitted the defense to respond by the next hearing to the prosecution’s motion regarding the expert witness. Judge Dayson also gave the prosecution until the next hearing to respond to the defense’s motion for a request for a mental observation hearing.

The trial readiness hearing is scheduled to continue on Aug. 28.