Judge Delays Final Ruling on Murder Defendant’s Detention Status

By D.C. Witness Staff - July 29, 2019
Daily Stories | Homicides | Suspects | Victims |

During a continued detention hearing July 26, a judge decided to delay her decision in order to review the arguments presented.

Timothy Gibson, 28, is charged with first-degree murder while armed for allegedly shooting 28-year-old Carl Day-Baker on the 1500 block of T Street, SE on Sept. 1, 2018. Gibson is also charged with two counts of possession of a firearm during a crime of violence and assault with intent to kill while armed.

Defense attorney, Eugene Ohm, continued arguments for a motion to place Gibson in a halfway house while he awaits trial. The hearing has been ongoing for nine months.

According to court documents, Day-Baker and his brother, had gotten into a physical altercation with Gibson. After the altercation, as the brothers began to walk away, Gibson fired several shots, striking Day-Baker.

Defense counsel cross-examined the lead detective, arguing that Gibson had only killed Day-Baker because he thought Day-Baker was reaching for a knife.

The detective said he did not recall that a knife had been recovered from the crime scene.

The prosecution said that the initial series of shots that Gibson fired, one striking Day-Baker in the back, may have been the result of a crime of passion.

The prosecution argued that the second series of shots that Gibson fired should be a contributing factor as to why he should not be released to a halfway house.

D.C. Witness previously reported that DC Superior Court Judge Danya Dayson denied Gibson’s self defense claim during a preliminary hearing on Sept. 20, 2018.

Judge Dayson said the question was not whether or not Gibson had committed the murder but what his intent was.

“To say this is some sort of a mutual fight is not clearly characterizing it,” the judge said in September. “This seems to be a provocation, though the act is not a reasonable response.”

Judge Dayson said she would make her final decision on Aug. 1.

Gibson is set to go to trial on Sept. 9.