Judge Denies Defense Request to Suppress Evidence in Non-Fatal Shooting Case

By Ben Dickson [former] , Emily Reed [former] - July 2, 2024
Court | Daily Stories | Non-Fatal Shooting | Shooting | Suspects | Victims |

DC Superior Court Judge Errol Arthur ruled against two motions to suppress evidence during a hearing on July 1 regarding a shooting that injured a sex worker.

Jerry Tyree, 46, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, unlawful possession of liquid phencyclidine (PCP), attempted unlawful possession of liquid PCP, and two counts of unlawful possession of a firearm. The charges stem from his alleged involvement in a non-fatal shooting on Nov. 29, 2023, on the 5900 block of Foote Street, NE. 

According to court documents, Tyree was smoking a PCP cigarette while performing sexual acts with the victim when he accused her of stealing his money. Tyree allegedly shot her in the groin, then fled the area on foot.

The first motion to suppress evidence pertained to a Metropolitan Police Department (MPD) officer’s testimony regarding Tyree’s arrest and the seizure of his alleged firearm. 

D.C. Witness previously reported that an officer spotted Tyree reaching in front of him while he was patrolling the 5200 block of Sheriff Road, NE. The officer said his “spidey” senses led him to make contact. 

Tyree started running. After placing Tyree in handcuffs, officers allegedly recovered a handgun and suspected phencyclidine (PCP) from him.

The area that officers were patrolling was deemed a high crime area by the MPD. Judge Arthur said that this statistic, combined with Tyree ‘s behavior on seeing the officers, gave them reasonable, articulable suspicion to stop him and a legal basis for patting him down.

The second motion pertained to a nine-panel photo array and the reliability of the victim’s identification of Tyree. 

Judge Arthur observed that the victim correctly identified Tyree. It “looks just like him,” Judge Arthur said.

Both motions to suppress the evidence were denied.

Parties are slated to return July 18 to begin trial, but it may be set for July 22 due to scheduling conflicts for Tyree’s defense attorney, Sara Kopecki.