Jurors heard the victim’s testimony about an angry confrontation among a group that deteriorated into a brawl, then a shooting in a trial on Feb. 19 before DC Superior Court Judge Rainey Brandt.
Gerald Day, 34, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence or dangerous offense, carrying a pistol without a license outside a home or business, and threatening to kidnap or injure a person for allegedly pointing a gun at a woman after a fight on Oct. 29, 2023, at the intersection of O Street and Carrollsburg Place, SW.
Day’s co-defendant, Paul Poston, 32, was sentenced on June 26, 2024, to two years of imprisonment, with all but 10 months suspended, for shooting at the same victim’s car after the altercation.
“[Day] went way too far, and he knew it,” said prosecutors in their opening and claimed Day assaulted the victim with a firearm that he was not licensed to own. They explained that Day, a Special Police Officer at Howard University, was off-duty at the time of the incident.
According to the prosecution, the night of the incident, the victim recognized a man standing with a larger group and confronted him. The interaction escalated, but prosecutors said Day showed no urgency approaching the victim, who was trying to stop fighting with Day’s significant other, until the victim brandished Mace, a chemical weapon.
Day then allegedly pulled out his gun and said, “I’ll blow your ass up,” claimed prosecutors. The victim tried to go to her car after Day’s threat, but Day charged towards her and slapped his gun against the windshield of her vehicle, asserted prosecutors.
The prosecution claimed that they have video footage as evidence of the entire incident, as well as statements from multiple witnesses, including the victim, that will prove Day guilty beyond a reasonable doubt.
Day’s attorney, Steven Polin, claimed the victim was very confrontational and attacked Day’s significant other with Mace ace, saying “I’ve got something for you,” which prompted Day to pull out his gun.
Polin claimed Day acted in self-defense and urged the jury to question why he was even on trial?
According to the victim’s complex testimony, she was driving away from a Halloween party with a friend, when she saw a man she had a “fling” with, accompanied by an unfamiliar woman, and a larger group. The victim said she also recognized Day’s significant other as the sister of the unfamiliar woman.
The victim said another woman in the group looked similar to Day’s significant other and the unknown woman, leading her to believe the three women were related. According to the victim, she concluded they would attack her since she had previous issues with Day’s significant other. The victim said that upon thinking she would be attacked, she decided to fight back rather than run away.
The victim said she was “jumped”, claiming there were six to eight people in the group, against her. The victim added that she did not intend to fight and kept her head down during the altercation. Polin later pointed out that this apparently contradicted her original statement that she decided to fight.
The victim said she used Mace twice at one of the women in the group. However, she said that when Day first pointed the gun at her she was retreating.
During cross-examination, Polin stated the victim told the prosecution via email that she wanted to smack him. The victim denied this, saying she was actually referring to Day’s other attorney, James Valentine, who had “smirked” at her. The victim added that her exact words were that she “could smack the shit out of him.”
According to Polin, the witness told the officer who responded to the scene that this all started because she “saw a bitch I didn’t like.”
Polin concluded by detailing the victim’s history of credit card fraud, credit card forgery, and shoplifting.
Due to time constraints, Polin will finish cross-examination of the victim when parties reconvene on Feb. 23.
