Judge Disallows Some ID Evidence From the Victim’s Mother in a Shooting Case

By Elizabeth Brady [former] - November 7, 2024
Daily Stories | Non-Fatal Shooting | Shooting | Suspects | Victims |

Parties sparred over what Identifying evidence could be admitted in an upcoming shooting trial before DC Superior Court Judge Jason Park. In a Nov. 6 hearing the defense was particularly concerned about statements by the victim’s mother, and that prosecutors allegedly failed to deliver evidence to them in a timely fashion and introduced new information from a 911 call.

Demonte Gibson, 26, is charged with assault with intent to commit robbery while armed, two counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, two counts of unlawful possession of a firearm by a convict, and obstruction of justice for his alleged involvement in a non-fatal shooting on the 1400 block of Fairmont Street, NW on Dec. 7, 2021. One individual, identified as Gibson’s childhood friend, suffered non-life-threatening injuries. 

During the hearing, Gibson’s attorney, Rachel Cicurel, motioned to suppress three witnesses’ testimonies, including the property manager where Gibson lived, its security guard, and the victim’s mother. One focus was an interaction with the property manager that the defense said wrongly pointed to Gibson as a suspect.

Meanwhile, detectives from the Metropolitan Police Department (MPD), insisted their investigation went by textbook.

One detective testified about interviewing the victim’s mother who was present after the shooting positively identifying the defendant from a photo presented by the detective.

Body-worn camera footage depicts the victim’s mother writing down “he shot and robbed my son,” on a document.  

The judge ruled the camera footage would not be admitted into evidence because the witness only saw the aftermath of the shooting, not the actual event.

Cicurel also asked to dismiss the obstruction charge linked to a series of nonconsecutive tweets posted to Gibson’s account allegedly threatening some witness against testifying. 

She argued that the tweets were never seen directly on Twitter and were ultimately hearsay. 

“Lift up my Glock, I’ll shoot anybody,” a tweet read. Cicurel explained how this was a line in a song by rapper “No Savage” and thus is protected speech and artistic expression. 

“If you tell your mother and the law, you’re hot 100,” another tweet read. Judge Park ruled that the word “hot” meant “snitch” and thus could be inferred as a threat. He allowed it to be used in trial.

The Judge also ruled that the motion to dismiss the charge was denied.

The prosecution acknowledged they failed to give the defense the Twitter subpoena as ordered by discovery. Judge Park determined it was “ordinary negligence” and the remedy was to make note of the failure in the jury’s instructions.

The prosecution also requested a 911 call be added to the evidence that would provide direct evidence of an individual’s getting shot. Kevann Gardner, Gibson’s other attorney, objected due to the potentially prejudicial nature of the audible screams and distraught crying as it would arouse jury sympathies.

Judge Park granted the request with some redactions.

The trial is set to begin Nov. 7.