Judge Reinstates Once Dismissed Charges Against Carjacking Defendant

By Joseph Wolf - October 9, 2024
Daily Stories | Shooting | Suspects |

DC Superior Court Judge Errol Arthur recanted his ruling on a motion for judgment of acquittal for a carjacking defendant on Oct. 7. 

Jimmy Johnson, 44, and Gregory Patterson, 41, are charged with armed carjacking, three counts of possession of a firearm during a crime of violence, and robbery while armed for their alleged involvement in a carjacking that occurred on the 1600 block of Kenilworth Avenue, NE on July 11, 2023. 

Patterson is also charged with armed robbery in connection to the incident. 

Johnson faces additional charges of unlawful possession of a firearm by a convict, possession of an unregistered firearm, and unlawful possession of ammunition, stemming from his alleged possession of the items during his arrest on March 28 on the 4000 block of Ponds Street, NE.

On Oct. 3, Joseph McCoy, Johnson’s defense attorney, filed a motion to dismiss Johnson’s case, citing prosecutorial misconduct. In the motion, McCoy argued that the prosecution goaded, or coerced, the defense into the action by eliciting evidence previously deemed inadmissible from a detective. 

McCoy argued that the victim specifically testified that Johnson was innocent because he was attempting to help him during the incident. 

The defense claims prosecutors intentionally asked a question regarding inadmissible evidence so that the defense would file a motion for acquittal to set the stage for a retrial.

The prosecution objected to the motion, arguing that they carefully planned the questioning.

Judge Arthur granted the motion on Oct. 3, thus six of the nine charges against Johnson were dismissed.

However, the prosecution asked Judge Arthur to review the incident video. After which he recanted his ruling, thus reinstating the six charges.

During the Oct. 7 hearing, the parties delivered closing arguments, in which the prosecution showed the video of the incident to the jury and outlined the actions they claim Patterson and Johnson took to consummate each crime.

The prosecution elaborated by stating that Patterson was the first to throw a punch to the victim and showed Patterson allegedly getting into the victim’s car. 

As for Johnson, they argued he punched the back of the victim’s head.

Alvin H. Thomas, Patterson’s attorney, argued that Patterson never wanted to rob the victim because he did not seize the opportunity when the victim was lying on the ground after being punched.

McCoy argued Johnson the prosecutor failed at doing their job, insisting that Johnson should have never been a suspect, and should not have to be on trial. He cited the testimony the victim gave under oath, in which he stated that Johnson helped him by breaking the fight between Patterson and the victim, as well as helping him to his car.

The prosecution argued that Patterson was the ring leader because two unknown individuals looked in his general direction, presumably for directions on what to do next. They said Johnson did “more than just help” because he punched the victim and waved on oncoming traffic.

The jury is currently in deliberations.