Lawyers To Add Additional Closing Statements After Jury’s Self Defense Question 

By Alesar Harfoush [former] , Mariam Kamate [former] - March 7, 2023
Court | Daily Stories | Non-Fatal Shooting | Shooting | Suspects |

Jury deliberations were halted in a non-fatal shooting case after the jury raised questions about self defense.

Stefen Farmer, 52, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, carrying a pistol without a license outside a home or business, unlawful possession of a firearm, unlawful possession of ammunition, possession of an unregistered firearm, assault with significant bodily injury while armed, assault with a dangerous weapon, and four counts of possession of a firearm during a crime of violence for allegedly firing three non-fatal shots at the victim. The shooting happened on the 4400 block of Gault Place, NE, on Feb. 25, 2021.  

Before jurors were initially released to deliberate on the case on March 6, DC Superior Court Judge Anthony Epstein granted the prosecution’s  request to not allow the defense to claim self-defense during closing statements.

However, he went on and told counsel that he should instruct the jury otherwise. They will be confused about where they should stand when it comes to self-defense since it was mentioned earlier in the trial, he said. 

Both parties asked the judge to not instruct the jury, claiming that it would be leading if he did. 

Judge Epstein agreed. 

During the trial on Monday, defense attorney Nikki Lotze, who tried to show self defense, called a Metropolitan Police department (MPD) officer to prove to the jury that the police were looking for a gun that could have been hidden by the victim following a blood trail that he left behind.

She said the officer has been working with the prosecution all week and answering questions, however when she asked him some specific questions he told her I will answer you in court.  

The witness said police were not only looking for a possible hidden gun, but also any evidence or maybe another victim since there were two blood trails.  

After the witness testified, the prosecution started their closing statements, saying Farmer was guilty of shooting the victim with intent to kill. By shooting the victim three times the only explanation is the shooting with intent to kill, the prosecutor said.  

There is no evidence to show that the victim had a gun on him, the prosecutor continued.

Lotze restated that the defendant was not guilty and the victim did have a gun, which is why Farmer took out his gun and shot him. 

Even though she did not directly mention self-defense, Lotze alluded to the notion.

The prosecution failed to provide evidence, other than the blurry video, of the shooting, she said.

She also stated that the police did not take any additional steps to conduct any search in finding a gun that could have been stashed or ask the individuals who were present about the firearm.

“The government failed so utterly and the only fair response is to find Farmer not guilty” she stated. 

After hearing the closing argument, the jury was given final instructions from Judge Epstein and sent to deliberate. While deliberating, they asked for instructions on self-defense, which were excluded from the previous instruction due to the prosecution’s request. 

Jude Epstein along with the prosecution and the defense agreed to give them the instructions and resume with additional closing statements regarding the context of the instructions on the next trial day. 

The trial is scheduled to resume on March 7.