A defense attorney challenged prosecutors’ theory that a defendant facilitated a deadly mass shooting at a club where he reportedly received special privileges in a trial before DC Superior Court Judge Rainey Brandt on May 20.
Cotey Wynn, 45, is charged with first-degree premeditated murder while armed, three counts of assault with intent to kill while armed, and four counts of possession of a firearm during a crime of violence for his alleged involvement in a mass shooting at CRU Lounge, on the 1300 block of H Street, NE on Sept. 23, 2023. The shooting resulted in the death of 31-year-old Blake Bozeman and injuries to three surviving victims.
According to prosecutors, Wynn allegedly aided and abetted the shooter by facilitating his entry into the club with the firearm.
In closing arguments, prosecutors argued Wynn’s “small act” had “big impact” by ending Bozeman’s life and changing the lives of the three surviving victims. They argued Wynn associated with the shooter, participated in the crime, and intended to make the shooting succeed. The prosecutors characterized Wynn as “the king of H Street” and claimed that because the CRU staff trusted Wynn he used his “special privileges” to help the shooter bring the gun into the club.
Through video footage, the prosecutors detailed the timeline around the shooting. They played a video from before the shooting in H & Vape, which was next door to CRU, of the shooter reportedly asking where Wynn was. The employee responded that Wynn was in a nearby establishment.
Another video outside CRU showed the shooter walk in at approximately 10:56 p. m. and prosecutors noted that security patted him down before he entered. Then at 11:15 p. m., the prosecutors said video showed Wynn arrive with no pat down because “he was a familiar face.”
In a video from inside CRU at 11:41 p. m., the prosecutors said the shooter approached Wynn, put his arm around him, they talked for 10-to-15 seconds, Wynn put down the hookah he was smoking, and followed the shooter outside the club. The shooter headed towards his car and Wynn followed behind him.
In Wynn’s testimony, noted prosecutors, he said the shooter approached him to pay for a table that was on Wynn’s tab. Prosecutors argued that retrieving money isn’t a two man job, but the shooter “can’t bring a gun in without Cotey…that’s why it’s a two man job.”
At 11:45 p. m., the two headed back into the club and prosecutors said they went through security quickly with no pat down. Right before the shooting, noted prosecutors, Bozeman and his friends started to leave.
Prosecutors said Wynn stared at them, stopped what he was doing, and stood there. Wynn had “eyes on Bozeman” and “eyes on the shooter,” alleged prosecutors because “he knew this was coming.”
At 11:50 p. m., video footage showed the shots hit Bozeman, the shooter ran to the back of the club, and then shot the other victims. The prosecutors emphasized that everyone in the video, including security, dropped to the ground upon hearing the shots, except for Wynn.
Within nine minutes the shooter approached Wynn and shots were fired, emphasized prosecutors. They said Wynn “put everybody in that zone of danger” and asked the jury to find him guilty.
Wynn’s attorney, Brian McDaniel, said his heart raced and told jurors they might assume it was because of a full courtroom watching him speak. McDaniel said, in reality, “the thing that keeps me up at night is defending an actually innocent person.” He argued the case was speculation with no powerful proof of Wynn’s involvement.
McDaniel reminded the jury that their “analysis is only what [the prosecution] can prove,” not what prosecutors believe happened.
Jurors should ask themselves, what if the prosecution is wrong, said McDaniel. The prosecution proved they are “capable of being wrong,” asserted McDaniel because the lead detective testified that he initially believed Wynn arrived in the car with the shooter.
“There is no plot, there is no plan,” argued McDaniel because Bozeman made a last minute decision to go to CRU on his way to another club and didn’t plan to be there. He added that Wynn did not know Bozeman and never stood next to the shooter after the shots were fired.
According to McDaniel, Wynn went with the shooter to get the money because of prior instances where people told him they were retrieving money and then left.
McDaniel questioned if Wynn was “the king of H Street,” as prosecutors characterized him. Why would he decide to randomly shut down his kingdom one day by bringing a gun “where he holds court,” the defense attorney said.
No witnesses testified that Wynn asked for the shooter to not receive a pat down at CRU, emphasized McDaniel. If Wynn had murderous intent, then why would he risk entering through the security line where the shooter could have received a pat down. With his reported privileges, Wynn could have just walked through the door, reasoned McDaniel.
McDaniel also emphasized testimony from a security guard the night of the shooting. According to McDaniel, the security guard performed a pat down in court that was around three seconds, about the length of time Wynn and the shooter were under the security tent in the video when they reentered the club.
The head of security could not testify about how the gun entered the club, who brought it in, or when it was brought in, said McDaniel and noted that there was evidence of other people entering and exiting the club. McDaniel also pointed out that the shooter arrived at the vehicle with enough time to put the gun into his pants before Wynn arrived.
“I have to leave Wynn to you,” said McDaniel, and asked the jury to find him not guilty.
The parties are slated to reconvene when the jury reaches a verdict.
