Dept. of Correction’s Counsel Delays Murder Case

By D.C. Witness Staff - June 17, 2019
Court | Daily Stories | Homicides | Suspects |

During a status hearing June 14, counsel for the Department of Corrections (DOC) was unable to provide answers to a majority of questions asked by a judge, causing more setbacks in the progression of a murder case.

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.

The main issue discussed during the status hearing was whether Gibson would be eligible for a halfway housing program. According to counsel for the DOC, Gibson did not meet the department’s criteria to be eligible for a halfway house.

DC Superior Court Judge Danya Dayson asked whether this failure to meet the criteria was due to Gibson’s current charges or his previous assault charges. The DOC counselors said they were not sure but guessed it was due to both.

The prosecution said Gibson has a history of assaultive behavior and that the DOC would need to grant a waiver to place Gibson in a halfway house. However, given Gibson’s charge of first-degree murder, in combination with his criminal history, the prosecution said it would be reasonable for the DOC to deny the waiver.

The prosecution also said that DOC’s policy made Gibson ineligible for the halfway house program. According to the policy, Gibson must be employed full-time, part-time, or enrolled in an educational program. Gibson does not fit into any of those categories.

Gibson’s defense attorney, Eugene Ohm, asked the counselors what they considered to qualify as “past assaultive behavior.” Counsel said they did not know, and told Judge Dayson that they were not there on a factual basis, which was why they could not provide answers to many of the questions.

Judge Dayson expressed frustration with the DOC for not having prepared the answers. She also asked for a clear interpretation of DOC’s policy on halfway housing, but the counsel could not provide an explanation of the policy.

Ohm also expressed his frustrations with DOC counsel, saying their failure to answer the important questions was causing unnecessary delays in the case that were unfair to Gibson. He asked Judge Dayson to hold them in contempt and fine them $10,000/day.

“We’ve been having this same hearing over and over again,” Ohm said. Gibson was apparently supposed to be on a work release eight months ago, but he has been detained while the DOC figures out the answers to the court’s questions.

Ohm said he wanted Gibson to have a fair opportunity to look for a job while he waited for the outcome of the case.

However, Judge Dayson said she was willing to reconsider the halfway house release order since new evidence, which was not specified, could suggest Gibson might be a danger to the community.

On Sept. 20, 2018, Judge Dayson ordered Gibson to be held at a halfway house. However, because of policy, the DOC changed the halfway house order to a work release. 

DOC counsel is expected to answer several questions about the agency’s halfway house policy and work release stipulations at a status hearing on June 21.

Gibson is scheduled for trial on Sept. 9.