Judge Denies Defendant’s Self Defense Claim in Labor Day Homicide

By D.C. Witness Staff - September 20, 2018
Court | Daily Stories | Homicides | Suspects |

A District of Columbia Superior Court judge said a murder defendant did not act in self-defense when he killed a man during the labor day weekend.

Timothy Gibson, 27, is charged with second-degree murder while armed for allegedly killing Carl Day-Baker, 28, on the 1500 block of T Street, SE on Sept. 1.

“He (Gibson) had no reason to believe he was in imminent danger or harm,” Judge Danya Dayson said.  “There was no evidence that suggests the defendant knew the decedent was carrying a gun or was known to carry a gun.”

However, Judge Dayson said there were mitigating circumstances in the case because the defendant was provoked and attacked by Day-Baker and his brother prior to the shooting.

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

Gibson, who does not have any prior felonies or convictions, will be held at a halfway house. He will also be required to wear a GPS monitoring device, and is prohibited from leaving the premises.  

According to testimony from a Metropolitan Police Department detective, Gibson’s sister said she was in a seven-year relationship with Day-Baker.

She told the detective she was choked by the decedent and kicked out of his house with her child on the night of the incident. With nowhere to stay, she called her friend, whom Gibson was with at the time, to pick her and her son up.

According to court documents, a witness saw the decedent pull Gibson out of the car and punch him. The witness said Day-Baker and his brother jumped the defendant, slamming him to the ground “as if he were a pretzel,” to end the altercation.

Gibson then pulled out a weapon and fired multiple shots at the decedent and his brother. Day-Baker was shot twice.

“I’m extremely troubled by the nature of this offense,” Judge Dayson said. “The crux of the offense is the following: it involves two families, each side escalating levels violence, resulting in a murder. I’m going to limit more gasoline on the fire that may still be burning.” Judge Dayson ordered Gibson to stay away from the decedent’s brother. 

A felony status conference is scheduled for Oct. 25.

Continue following D.C. Witness for further updates on the case.

D.C. Witness intern Shams Sohani co-wrote this story.