DC Superior Court Judge Errol Arthur denied a defense motion to suppress identification on Dec. 2.
Keith Walker, 31, is charged with assault with a dangerous weapon, aggravated assault knowingly while armed, and two counts of possession of a firearm during a crime of violence for his alleged involvement in a March 7 shooting on the 3100 block of Buena Vista Terrace, SE, where an individual was wounded on the ankle.
During a Dec. 1 hearing, the parties focused on unresolved evidence in discovery issues and whether police records and 911 calls involving the witness and victim should be admitted. The defense argued the late-disclosed calls, reports of domestic abuse by the witness, and welfare check requests by the victim were central to showing possible pressure on the witness while living with the victim, as well as potential bias by both toward the defendant. They said excluding the material would hinder their self-defense theory and their ability to challenge credibility.
Prosecutors countered that the information was neither new nor relevant to the shooting and warned that admitting it would create a distracting mini-trial over unrelated credibility issues. They maintained the defense had not tied the records to the charged conduct and that no discovery violation warranted a continuance. The judge took the matter under advisement and planned to rule the next day.
When proceedings resumed on Dec. 2, a Metropolitan Police Department (MPD) detective was recalled to the stand to clarify confusion around nicknames and to describe how he identified the suspect after gathering vehicle information from the victim and checking it against police databases. He said the victim was fully confident identifying the suspect and that this was reflected in the arrest warrant materials. According to court documents, the victim was Walker’s girlfriend’s child’s father.
On cross-examination, the defense highlighted changing details in the victim’s account, specifically, whether the shooter’s mask was up or down, and questioned whether the witness had ever suggested that the evidence was insufficient.
They explored prior complaints about evidence handling within the police department and emphasized the absence of recordings during key interviews, including the photo-identification process of the suspect and follow-up phone conversations with the victim.
Prosecutors, on redirect, emphasized that shortly after the shooting, the victim had provided details about the car, the suspect, and a nickname, and quickly selected the defendant from a photo display. They argued that this identification should be admitted.
The defense maintained that inconsistent descriptions, the role of the ski mask, and the lack of recordings made the identification unreliable. The judge ultimately denied the suppression motion.
Prosecutors then revisited three prior interactions between the defendant and victim, and the judge confirmed that this evidence would be allowed. Information about those interactions was not discussed in court.
Prosecutors also wanted to play a 911 call made by the victim in court, but the judge declined to do so immediately, requesting it instead by email to review before deciding whether it may be introduced.
Prosecutors and the defense were ready for jury selection to begin.
Parties and jurors are slated to reconvene on Dec. 3.
