Jury Convicts Murder Defendant, Again

By D.C. Witness Staff - November 1, 2018
Appeal | Court | Daily Stories | Homicides | Suspects |

After nearly a month in trial, a jury found a murder defendant guilty on all counts, for the second time.

Derrick Harris

On Oct. 30, a jury convicted Anthony Waters of first-degree murder while armed in connection to the murder of Derrick Harris on the 2600 block of Birney Place, SE in 2010.

The defendant was also convicted of carrying a pistol without a license and possession of a firearm during a crime of violence.

Waters, 51, was initially found guilty on all counts in 2012. Subsequently, Waters was granted an appeal in 2015. The appeal trial began Oct. 1.

Throughout the nearly four week trial, the prosecution called multiple witnesses, including  Harris’ wife, to testify about the facts of the murder. During the same time, the defense sought to discredit the prosecution’s witnesses.

According to the prosecution’s theory, the motive behind Harris’ death traces back to a 1998 murder trial. Apparently, Harris, 37, testified against Waters’ best friend. The prosecution said that Harris, Waters and the friend are from the Parkchester neighborhood.

Furthermore, the prosecution argued that after Harris testified he was a “marked man” in Parkchester. According to the prosecution, Harris stayed away from the neighborhood until the day he was murdered.

Following opening arguments, Harris’ wife testified that he was in the neighborhood to help a friend move a table. However, while he was there, witnesses say Waters confronted Harris, punched him in the face and said, “I bet not see you when I get back or I’m going to kill you.”

Witnesses gave various accounts of how much time passed; however, a short while later witnesses say they saw a man in a white tank top or “wife beater” and tan shorts wearing a ski mask approached Harris and open fire.

According to the prosecution, one of the witnesses, who allegedly saw the murder from her apartment, saw the shooter walk away and take his ski mask off. The witness identified Waters as the shooter.

During the trial, the defense argued the witness couldn’t have seen the shooter because there was a large tree in front of the witness’ building that would have obstructed her view. The defense presented pictures of the apartment complex that corroborated their argument; however, a Metropolitan Police Department officer testified that the picture was taken in 2018 rather than 2010, when the murder occurred. Furthermore, the officer said that he wouldn’t be surprised that the tree had grown since the night of the murder.

The defense also attempted to discredit another witness, who alleges she also saw the murder from her apartment, on the basis of her mental health. According to the defense, the witness was diagnosed with bipolar disorder and schizophrenia. The defense said that during the weeks leading up to the murder the witness was hearing voices and saw green people.

During closing arguments, the defense told the 16-member jury that the witness’s mental health was an “unfortunate reality that makes her an unreliable witness.”

Amid the trial, the defense motioned for the case to be dismissed and said that Harris’ death was not connected to Waters. Instead, counsel argued that Harris’ death was related to drugs.

The judge denied the motion.

Waters is scheduled to be sentenced on Jan. 18, 2019.