DC Superior Court Judge Rainey Brandt ruled the defense could show the jury video footage of a witness potentially contradicting how she claimed to identify a shooting suspect on March 6.
Derrick Gladden, 55, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and unlawful possession of ammunition for his alleged involvement in a shooting on the patio of an apartment on the 2300 block of Marion Barry Avenue, SE on April 15, 2024. The victim sustained one gunshot wound.
Without the jury present, Gladden’s attorney, Alvin Thomas, argued in favor of admitting an officer’s body-worn-camera footage of a witness present at the scene. According to Thomas, the video will show the woman telling a police officer she knew Gladden was the shooter because a neighbor had told her so. Thomas said this contradicted a later statement the woman made claiming that she identified Gladden from his voice after hearing him argue with the victim.
Prosecutors argued that the video does not negate her later voice identification and she simply failed to mention hearing the argument at the time. They also noted that, in the video, the woman is speaking through layers of hearsay, citing something she heard from a neighbor that they claimed to hear from a police officer.
Judge Brandt said she would admit the video, not because it served as identification, but to give the jury the opportunity to evaluate it and decide what they believe.
“It would be wrong of me to allow one side of the story to go to the jury,” Judge Brandt said.
In addition, Judge Brandt said the video could demonstrate when the reported fight between Gladden and the victim occurred in relation to the shooting.
Parties are scheduled to reconvene on March 9.
