A mutual friend of both a homicide defendant and the victim continued to testify before DC Superior Judge Milton Lee on June 4.
Juan Guerra, 34, is charged with second-degree murder for his alleged involvement in the death of Peter Miller III, 32, who died from blunt force trauma on the 900 block of Maine Avenue, SW, on Oct. 6, 2021.
According to prior hearings, Guerra and Miller were friends, and the incident occurred during an argument over a game of dice.
Parties continued with the cross-examination of a mutual friend that started the previous day. Guerra’s attorney, Kevin Mosley challenged inconsistencies in the key witness’ testimony. Mosley claimed the witness originally told a detective on Oct. 6, 2021 that he arrived at the apartment where the incident occurred at midnight. The witness clarified that he “didn’t think it was significant” to mention that he was intermittently in and out of the apartment throughout the day.
The defense also presented audio from the witness’ interview with a detective on the same day as the incident, in which he stated his roommate who was present that evening was “probably asleep” in the hours surrounding the fight. The friend testified the day before that the friend was “there at some point,” and present for the gambling.
“It was long ago, so it’s hard to say,” the friend said, referring to the details of that night.
Mosley argued that, since the police interview the day of the incident, the witness had added information to his story.
The witness also acknowledged that he knowingly misinformed 911 operators when he told them that Guerra was conducting CPR on the victim at the time of the call. He said he felt protective of Guerra.
“I had love for Juan at the time,” the witness said. “I did things for him that I wouldn’t do for family.”
The friend stated he witnessed arguments between Guerra and Miller before, but not one that went “that far.” Guerra punched the witness in the chest, a level of physical violence that was unexpected, the witness said. He said that Guerra likely punched harder than intended because he was drunk..
Later, a medical examiner explained her 2021 conclusion that the primary cause of death was asphyxiation, with blunt trauma to the head and neck being factors as well. The prosecution presented graphic images from her report.
The witness said Miller had periorbital ecchymosis, commonly known as raccoon eyes, bruising to the face, and hemorrhages deep in his scalp, but no skull fracture. This indicated that the blunt trauma was in close range, concluded the examiner. There was also bleeding in the brain, which indicated that Miller was shaken.
The medical examiner then discussed the photos of Miller’s arms, starting with inside and outside of the left arm. The inside showed red discoloration consistent with the actions from grabbing or blunt force towards the arm. The expert witness said these were crucial marks as she was able to identify them as perimortem injuries, or around the time of death.
There were minor injuries to the right elbow and right hand but nothing the examiner significantly noted.
The medical examiner said the photos of Miller’s head from the highest point of view showed subtle purple hemorrhage which were consistent with blunt force trauma directly to the head. When describing the victim’s brain, the medical examiner repeatedly used the word “jostled” in regards to the brain’s multiple injuries. A healthy brain is normally a tan color whereas Miller’s brain was very clearly a mix of red and dark purple, said the expert, indicating heavy swelling from the trauma and loss of the brain’s normal contours.
The expert said she observed dark spots and tears that come from blunt force injury which also results in oxygen deprivation as it controls the respiration system in the body.
Looking into the neck, she pointed out an abrasion on the right side indicating a struggle, hemorrhages in the neck muscles, and deeper hemorrhages near the tongue area.
The medical examiner concluded Miller’s death was a homicide from blunt force trauma to the head and neck.
Diana Yu, Guerra’s other attorney, questioned the examiner’s conclusions about blood spots, prominent in the victim’s eye. The defense asserted that could come from self-inflicted vomiting, coughing, or increased pressure. The medical examiner said those reasons are less likely as approximately 90 percent of her hanging examinations result from pressure on the neck.
The medical examiner didn’t detect alcohol in Miller’s system and Yu asked when the body was brought in for examination. Yu suggested that Miller’s body was brought in days later to which the medical examiner agreed but that was not necessarily a factor
A forensic pathologist was also called to the stand to specify the structure of the neck. When she was asked if the injuries Miller faced could be from an accidental trip and fall she responded with “if he tripped and fell off a building.”
Parties are slated to reconvene on June 8.
