Judge OKs Child Witness’s Statements in Stabbing Trial 

By Kelsey Ball - October 11, 2024
Daily Stories | Data | Domestic Violence | stabbing | Suspects |

On Oct. 10,  DC Superior Court Judge Rainey Brandt ruled a witness’s statements, who was five-years-old at the time of the incident, are admissible to the jury in a stabbing case.

Devan Green, 30, is charged with assault with intent to kill while armed, kidnapping while armed, kidnapping while armed against a minor, aggravated assault knowingly while armed, assault with a dangerous weapon, and simple assault. The charges stem from his alleged involvement in a domestic stabbing incident on Sept. 19, 2023, on the 500 block of 58th Street, NE, seriously wounding an individual.

During the hearing, parties argued the admissibility of statements made by the juvenile witness, the victim’s child, and audio from six 911 calls made on the night of the incident. 

The prosecution argued they’d show the jury body-worn camera footage from police officers where statements from the five-year-old can be heard. Judge Brandt expressed that the minor’s claims at the crime scene were excited utterances, an exception to the hearsay rule. This makes the statements eligible to be shown to the jury, despite the juvenile not testifying in court. 

Judge Brandt stated most of the 911 calls could be displayed to the jury, as long as the callers were witnesses that were testifying. She ruled parts of the calls irrelevant to the trial, and the prosecutors will need to redact them. 

Parties are set to convene for a jury trial on Oct. 30.