DC Superior Court Judge Jason Park ruled that some but not all testimony from a firearms’ expert would be admissible in a murder trial at a motions hearing on Jan. 22.
Dion Lee, 26, is charged with first-degree murder while armed, two counts of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business. Rashod Dunbar, 26, is charged with accessory after the fact. The counts stem from their alleged involvement in the fatal shooting of 54-year-old Pamela Thomas, on Feb. 9, 2022 on the 500 block of Division Avenue, NE.
At the request of Lee’s defense attorneys, Molly Bunke and Patrick Nowak, as well as Dunbar’s attorney, Carrie Weletz, Judge Park evaluated the qualifications of an expert witness the prosecution plans to call during their trial. Parties previously heard testimony from the specialist on Jan. 16, but Judge Park delayed his ruling and ultimately determined that the witness could testify, not about physics, but as a firearms expert.
Judge Park allowed the expert’s claim that a bullet’s speed could drastically decrease when it travels through a solid object, stating that it is a, “matter of basic physics.” In addition, the judge sanctioned the expert’s statement that when a bullet hits a hard surface, it could fragment, and injure someone.
Judge Park was skeptical that after a bullet exits an object, it could drop, instead of continuing its path. In addition, the judge did not agree with the expert’s claim that a fragmented bullet could cause a fatal injury. Judge Park said that those claims were not supported by research and based more on the expert’s experience and a set of assumptions. Therefore, he ruled they would not be admissible during his testimony at trial.
After a request from Weletz, Dunbar was removed from home confinement and Judge Park imposed a curfew instead. There was no opposition from the prosecution on this matter.
Parties are scheduled to reconvene on Jan. 30.
