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By
Raina Bonifacio
- March 4, 2025
Court
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Daily Stories
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Non-Fatal Shooting
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Suspects
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The disposition of a case involving a defendant’s sentencing for shooting a sex worker was delayed after his defense attorney filed a motion for a retrial before DC Superior Court Judge Errol Arthur during a hearing on Feb. 28.
Jerry Tyree, 46, was found guilty of aggravated assault while armed, possession of a firearm during a crime of violence, two counts of unlawful possession of a firearm with a prior conviction, attempted unlawful possession of liquid PCP, and attempted unlawful possession of a controlled substance. The charges stemmed from a shooting on the 5900 block of Foote Street, NE on Nov. 29, 2023. One victim, who was a transgender woman and sex worker, sustained injuries to the groin and genitals from the incident.
On Sept. 29, 2024, Sara Kopecki, Tyree’s defense attorney, filed a motion for a new trial based on new evidence following Tyree’s conviction on Sept. 24.
In court, Kopecki argued the prosecutors had a “duty to learn” regarding whether the victim was still participating in prostitution during her testimony – which Kopecki stated should play a role in the decision for a new trial.
According to Kopecki, a week after testifying, the victim filed a police report stating she was threatened while she was on the streets doing sex work.
The prosecution claimed in trial the victim “had a change of life” and was no longer a sex worker, according to Kopecki. She said “But truly after, back to same old stuff.”
The prosecutors asserted the victim’s lifestyle had “nothing to do with the trial” and it was a “ridiculous argument.”
The prosecutor said the victim had a nonprofit job when she testified. However, while she was on the stand and questioned if she was sex working, she answered “No.” The prosecutors claimed this was new information.
Kopecki argued the prosecution should have followed up, but instead “did nothing.”
The prosecutors said they can confirm the victim was not participating in sex work on the day she testified. When Kopecki asked for evidence to support that, the prosecution reasoned she was on the stand and was not performing sex acts.
In response, Judge Arthur said, “I’m gonna need a break. I mean I can’t believe I’m listening to this.” He concluded the prosecution has no factual basis to say affirmatively the victim was not participating in sex work at that time.
Parties are slated to reconvene March 16.