‘Law-Abiding Citizen to a Certain Degree,’ Testifies During Carjacking, Burglary Trial

By Adrianna Bhan [former] , Sonia Vazquez [former] - July 24, 2024
Carjacking | Daily Stories |

A victim’s family members and a”law-abiding” passenger in a stolen car testified during a carjacking and burglary trial before DC Superior Court Judge Robert Salerno on July 23. 

Kenneth Phillips, 24, is charged with carjacking, aggravated assault knowingly while armed, robbery while armed, burglary second-degree, first-degree theft, unauthorized use of a vehicle during a crime of violence, receiving stolen property of $1,000 or more, and no permit for his alleged involvement in a non-fatal armed robbery and carjacking on Nov. 15 and 16, 2021. The incidents occurred on the 2000 block of 4th Street, NE. 

According to court documents, on Nov. 15, 2021, Phillips allegedly assaulted a victim as he stole his key ring, which contained keys to two vehicles, a white Nissan and a brown Toyota, and the keys to the victim’s home, before fleeing the scene in the Toyota. 

On Nov. 16, 2021, Phillips was stopped in the early morning hours in the brown Toyota, while the Metropolitan Police Department (MPD) officers were canvassing the area looking for the stolen vehicle. He was allegedly found with the key fob for the white Nissan and a Penn State graduation ring, according to court documents. 

Per court documents, that same morning, the victim’s family member reported to MPD that someone had broken into their house and had stolen multiple items, including a Penn State graduation ring, a television, and three gold chains, among other items.

During the hearing, prosecutors called on an individual who was in the passenger seat during the recovery of the stolen Toyota and Phillips’ arrest. She stated that she saw the car parked with its hazard lights on and recognized the driver, having seen him in the area. According to the witness, Phillips was in the driver’s seat of the vehicle and he agreed to give her a ride homed and he obliged. She stated that two were driving for roughly five minutes being pulled over by police officers. 

The witness stated that she and Phillips were questioned separately, after she explained her situation she was free to go. Phillips was still speaking to police when the witness left. 

Defense attorney Joseph Yarbough asked the witness if she remembers telling police she is a, “law-abiding citizen to a certain degree.” Yarbough mentioned her past convictions for providing false identification to police with the attempt to deceive and possession of cocaine. 

Prosecutors also called on the neurosurgeon who treated the victim, who, based on a CT scan, suffered a subdural hematoma- a dangerous condition that occurs when blood collects between the skull and the brain. Yarbough pointed out the bones around the victim’s eyes weren’t broken nor did he sustain diagnosed skull injuries.

Prosecuting attorneys called the wife and daughter of the victim who were not present during the carjacking or burglary.

The daughter returned on Nov. 16 to change the locks but “by the time [she] got there it was too late.” According to the witness, when she arrived she found that all of the doors were opened and lights were on. 

The victim’s wife testified she arrived after her daughter alerted authorities and stated that her daughter’s Penn State ring, an emerald diamond ring, television, three chains, and a camera were all missing, The witness was shown the Penn State ring and confirmed it did belong to her daughter and was missing from her home but the emerald ring was not recovered.

The prosecution then called a Fifth District officer from the Metropolitan Police Department (MPD) who performed a traffic stop on the stolen brown Toyota and arrested Phillips at the scene. 

The officer gave an in-court identification of Phillips,

The witness reviewed his body camera footage from the night of the arrest, in which an individual, identified as Phillips, turns the car off and holds out what appear to be the keys for the vehicle.

The officer also confirmed that “no chain necklace, camera or money,” was found in the car or on Phillips’ personally. However, he was arrested was because he was “operating a vehicle that was reported as stolen.” 

A criminal investigator attempted to execute a search warrant to swab Phillips for a DNA sample but he failed to cooperate.

Yarbough questioned the investigator about Phillips’ refusal to identify himself and the witness stated that “Phillips refused to say his name,” and “there was a verbal altercation that grew,” until Phillips told the witness that he “would not submit without his lawyer present.” 

According to the witness, it is common practice for lawyers to be present for DNA testing but was not required in this instance. 

Parties are slated to return on July 24.