DC Superior Court Judge Danya Dayson heard from the defendant in a a non-fatal shooting resulting from a dispute over a car charger on Oct. 15.
Ato Ocran, 46, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, five counts of possession of an unregistered firearm, carrying a pistol without a license outside of a home or business, and destruction of property worth $1000 or more for his alleged involvement in a non-fatal shooting on the 2600 block of 10th Street, NE, on June 3.
According to court documents, one individual was injured during the incident which stemmed from an argument over an electric vehicle charging station in a Giant parking lot at Rhode Island Place in NE.
During the Oct. 15 hearing, the defense called Ocran to testify in his own case.
Ocran testified he has three children, four siblings, a bachelor’s degree in business and marketing, and was in the Coast Guard for four years. He is currently working as a software engineer in Virginia.
Ocran explained that he has never been arrested or testified in court before.
“I was trying to stay alive,” Ocran said.
On June 3, Ocran testified, he went to his local Giant Supermarket to charge his Tesla so that he could go to a gun range, as a hobbyist. After receiving a notification that his Tesla stopped charging, he returned to the Giant parking lot and found his car had been removed from the charger.
He testified that once he placed the charger back into his Tesla, the victim came aggressively around the corner in his car and cursed at him.
“He pulled up quickly and said ‘put that s*** back or I’m going to thrash you,’” Ocran said.
Ocran testified that the victim pulled into a parking spot near his car, exited his vehicle and got in his face. The victim repeatedly said he was going to “thrash” Ocran. After the victim faked a couple of punches, a fight began.
“I threw a punch, he threw a few, his shoe fell off, and I tossed it away and he went to get his shoe,” Ocran said.
Ocran explained that once separated, the victim continued to curse at him and threw a large cup of liquid at him. Both Ocran and the victim walked back to their parked cars. Ocran testified that the victim made a threatening comment.
“Im gonna bury you, you’re never going to come up here again,” Ocran said, repeating what he said was the victim’s statement.
Ocran testified that when opening his trunk to put his scooter inside, the victim opened his trunk to remove a golf club. The victim allegedly charged and chased Ocran with the golf club.
All of Ocran’s testimony was buttressed with video footage submitted to the court by the defense.
Defense attorney Elizabeth Paige White asked Ocran about the golf club the defense brought in court as an illustration.
The prosecution objected to the use of the golf clubs in the trial because it was not the same club used during the altercation, which they argued could be confusing for the jury.
The defense argued that they were solely using it as a demonstration to show the jury how Ocran was threatened with by the victim. The judge ruled that the evidence could be used during the hearing but could not be entered as evidence for the jury to see during their deliberations.
Ocran explained that the victim charged at him with the golf club during their altercation in the parking lot. When White asked him why he believed the victim used a golf club, Ocran answered, “to scare, to intimidate, and attack me.”
Ocran stated that the firearm he used in the shooting was located in the glove compartment of his Tesla. When White asked him why he did not pull out the firearm when the victim charged at him with the golf club, Ocran answered, “I didn’t want to shoot anyone.”
While Ocran attempted to put his personal belongings, particularly his scooter, in his trunk, surveillance footage showed that the victim circled around Ocran, punched him in the head, and kicked his door, which caused Ocran’s arm to get caught in the door.
Ocran also testified that the victim spat on him and called him a “b**** a** n****.”
Surveillance footage also showed that the victim kicked the driver door of Ocran’s vehicle as he drove out of the Giant parking lot.
As Ocran exited the parking lot and traveled along Rhode Island Avenue, he saw the victim’s Jeep Liberty following him at a high speed.
Ocran, who intended to go home, said he sped through the traffic light in order to separate himself from the victim, who was stopped by a red light.
Thinking the situation was over, Ocran took an alternate route and tried to get back on Rhode Island Avenue. As he turned onto 10th Street, he came face to face with the victim, who was driving towards him.
According to Ocran, the victim drove out of his assigned lane and into Ocran’s until their vehicles were very close.
Ocran said he saw another individual in the passenger seat of the victim’s vehicle.
According to the defendant, the victim got out of his vehicle, holding a black handgun. This caused Ocran to unlock his glove compartment, retrieve his Smith & Wesson handgun, and put it in his lap.
When asked by White why he decided that it was necessary to bring out his firearm, Ocran answered, “because it got to a point of thinking about my life.”
Shortly after, Ocran put his vehicle in reverse and the victim got back in his vehicle. Ocran explained that the victim moved back into his proper lane and followed him as he reversed.
When Ocran was no longer able to move, he saw that the victim had his gun pointed at him, and Ocran explained, “my life flashed before my eyes. I thought about my years as a veteran. I thought about my kids.”
Ocran claimed he fired four gunshots at the victim’s vehicle in self-defense, and explained, “I just wanted to live.”
Additionally, Ocran explained that the victim’s vehicle was bigger than his Tesla, and had the victim shot at Ocran first, the bullets would have gone straight through his head.
White asked Ocran how he felt about the injuries the victim sustained from the shooting. Ocran explained, “I’m glad he is alive, and I hope he never does what he did to me to anyone else.”
Additionally, Ocran emphasized, “I’ve lost everything.”
During the prosecution’s cross-examination, Ocran claimed that on the day of the incident, he planned to go to the gun range in Virginia after his vehicle finished charging.
Ocran emphasized that the gun was locked in his glove compartment for the entire altercation with the victim in the Giant parking lot.
The prosecution asked more about the parking lot altercation. Ocran explained that when the victim approached him in his Jeep Liberty, the victim immediately started yelling at him.
Surveillance footage showed that Ocran apparently approached the victim’s vehicle. Ocran explained that he was trying to de-escalate the situation. However, the prosecution observed what looked like Ocran throwing the first punch at the victim in the footage. Ocran explained that the victim threw a fake punch at him which caused Ocran to quickly react and punch him back.
Footage also showed that Ocran went into his trunk multiple times throughout the parking lot altercation. Ocran explained that he was trying to make space for his scooter.
The prosecution asked Ocran, “if you already took the scooter out, why would you need to make room for it?” Ocran explained that he needed to make space for the scooter so that it would not damage his laptop, which he said was in a black bag in his trunk.
Ocran testified that he never told the victim he had a gun and never reached for his gun at any moment during the parking lot altercation.
Additionally, Ocran claimed that he did not retrieve his gun from his Tesla’s glove compartment until he saw the victim in possession of a firearm.
A forensic scientist testified that cell phone data indicated that Ocran opened the Tesla app on the day of the incident. This seemingly supports the prosecution’s theory that Ocran deleted incriminating footage recorded by his Tesla from his cell phone app.
The analyst also testified that she had no knowledge of what actions were captured on the app, how long the app was open or who opened the app. The defense argued that there is no evidence of Ocran’s deleting the footage, and to the contrary, phone call evidence indicates he had no knowledge of how the footage was deleted.
A crossing guard near the scene of the crime was brought to testify by the prosecution. She testified to hearing a gun shot, not seeing it, and saw a blue light. She also testified to seeing a Jeep Cherokee and confirming with a fellow bystander that what she heard was a gunshot.
The prosecution also asked whether she wanted to testify in court. She began to cry and answered no, she was scared to testify.
The witness then accused the prosecution of threatening her. She testified that she was told the day of the proceeding that she was to appear in court and if she failed to comply that she would be put in jail for a few hours. The witness was subpoenaed to testify in court.
Parties are slated to reconvene Oct. 16.
