Judge Continues to Deny Motion to Declare Non-Fatal Shooting A Mistrial

By Nick Pallotto [former] - September 20, 2023
Court | Daily Stories | Non-Fatal Shooting | Shooting | Suspects |

At a Sept. 19 jury trial, DC Superior Court Judge Maribeth Raffinan continued to deny a request by co-defendants to declare a non-fatal shooting case a mistrial because of statements made by a material witness at a Sept. 18 hearing. 

Dominic Copeland, 33, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, robbery while armed, unlawful possession of a firearm, and three counts of possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting on April 26, 2019, on the unit block of N Street, NW. The incident left an individual experiencing non-life-threatening injuries.

Artie Byrd, 31, is charged with accessory after the fact for his alleged involvement in assisting Copeland to leave the crime scene.

Before the victim’s testimony resumed on Sept 19, Copeland’s defense attorney, Michael Madden asked Judge Raffinan if she would grant the motion for a mistrial because the statements made in the victim’s testimony were in a “nonresponsive manner.” 

At a Sept. 18 jury trial, after Madden was done questioning the victim, the victim muttered under his breath and said something to the effect of “That’s why he took the plea, mainly because…” 

It wasn’t clear what the victim meant by this statement, Judge Raffinan cut him off halfway through the statement because Madden had already finished his cross-examination of the witness. 

At a felony status conference in January, Copeland was arraigned and pleaded guilty to his charges, but it was not made clear which charges he plead guilty to. Byrd has not accepted any plea offers regarding the incident

In making the partial statement about a plea, the victim didn’t provide any background for the court as to whether he was referring to Copeland or Byrd. Madden also did not ask the victim a question about Copeland or Byrd’s plea deals. 

The prosecution argued declaring a mistrial should only be used in extreme situations. Judge Raffinan denied the defense’s request, stating “a mistrial is not warranted.”  

After Judge Raffinan’s ruling, the same victim from the previous day came in to finish his testimony regarding what happened on April 26. 

The victim testified that when he met Copeland for the drug exchange on April 26, 2019, the victim got out of a white Camry after not receiving the narcotics and was soon shot by Copeland. 

Parties are expected back on Sept. 20 to hear testimony from other witnesses.