‘He Had a Choice, React or Die,’ Says Defense Attorney in Closing Statements

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Parties delivered closing arguments in a homicide case before DC Superior Court Judge Todd Edelman on March 6.

Daquan Gray, 23, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business for his alleged involvement in the murder of 15-year-old Jaylyn Wheeler, on the 600 block of Alabama Avenue, SE, on May 16, 2018.

“Jaylyn Wheeler tried to catch a bus and never ever made it home,” said the prosecution.

The prosecutors referred to an eyewitness transcript that stated Wheeler allegedly called out Gray during an alleyway fight, “If you got your dog [gun], use it b****.” The prosecution argued Gray’s actions were not self defense, it was of someone who got “mad and embarrassed.”

According to the prosecution, no one saw Wheeler with a gun that day, and the only evidence the defense had was of text messages and pictures. The text messages included Wheeler telling his friend, “I carry guns to school… I left the bullets in my bag and the clip.”

The prosecution asserted this was only to “brag” and the evidence was introduced to make the jury think he was a bad kid.

Dana Page, Gray’s attorney, said “When Jaylyn Wheeler got mad, aggressive, and reached for his waistband, Daquan Gray reacted. He reacted the way law allows. He had a choice, react or die.”

She said the text messages “corroborate the fact that Jaylyn had a gun during the incident.” Page also argued another individual took evidence from the crime scene, including Wheeler’s backpack and possibly his gun.

Page presented two pictures showing Wheeler posing with a gun, stating, “That is the Jaylyn Wheeler Daquan saw in the alley that day.”

In reference to Wheeler’s statement to Gray in the alley, she explained Gray was not angry, he thought it was “unfair.” Page asserted Wheeler was the one that got aggressive.

Page urged the jury to consider the reasonableness of self defense through Gray’s view At the time of the shooting he was a 16-year-old who was terrified and had been surrounded by gun violence.

She claimed the prosecution spent a majority of the trial identifying Gray through witnesses, “All they cared about was who, not why.” Page continued to assert the prosecution “not only ignored evidence of self defense, they suppressed it.”

Page concluded by telling the jury, “Daquan Gray has been waiting for you for seven years. That’s almost a third of his life.”

During their rebuttal, the prosecution said Gray did not know about Wheeler’s texts and pictures with the gun. He also countered it would be “risky” for Wheeler’s friends to come back to the crime scene after allegedly hiding his gun.

“Jaylyn may have been 15, he was not stupid,” said the prosecution. He asserted one mistake Wheeler made was thinking the defendant was bluffing. “Jaylyn was wrong. It cost him his life.”

“Just as it is important to consider Gray’s future, consider what happened to Jaylyn. Never forget that,” the prosecutor said.

Parties are slated to reconvene when the jury reaches a verdict.