Parties delivered closing statements focused on self-defense claims in a homicide trial before DC Superior Court Judge Danya Dayson on Nov. 17.
David Pena, 48, is charged with second-degree murder while armed, possession of a firearm during a crime of violence or dangerous offense, assault with a dangerous weapon, and unlawful possession of a firearm with a prior conviction, for his alleged involvement in the fatal shooting of Maurice Robinson, 24. The incident occurred on June 12, 2023, on the 3000 block of 30th Street, SE.
Before the parties made closing remarks, the defense called the victim’s mother briefly back to the stand. Dana Page, Pena’s attorney, asked about a request that the witness had made to the Crime Victims Compensation Program. The witness testified that her request was denied because her son had a weapon.
However, when asked by the prosecution, she added that she had appealed the initial denial. In her appeal, she had told the program that her son did not have a weapon and that he was not the aggressor in the incident. She also clarified that she never received funds.
During their closing, the prosecution showed a picture of the victim saying “This photo is here instead of Maurice Robinson.” They claimed Pena shot the victim six times after getting involved in an unrelated fight, and that Pena “made that choice.” They also showed photos of Robinson’s bloodstained shirt and his wounds.
According to the prosecution, Pena alleged he heard someone say “blow his ass up, Moe,” which spurred him to pull a gun out. They argued, however, that some of Pena’s other statements are contradictory. In addition, there was no evidence that confirmed someone said that and even if true, words are never adequate provocation, according to the prosecution.
The prosecution showed a surveillance camera video of the incident. Several people can be seen crowded by a car, but the prosecution added arrows to the footage to highlight Pena and Robinson. The part where someone pulled out a gun and fired was highlighted.
The prosecution claimed Robinson put his hands up and started to run, arguing that should have been enough for Pena, but that he shot anyway. Pena was allegedly the only person to have a gun during the incident.
Pena once stated that when he got involved in the fight, he was pushed down twice, but he didn’t know who pulled him down. He also didn’t know who said what he heard. The prosecution said he shot at the first person he saw and called it “beyond unreasonable.” They also claimed he only shot six times because he didn’t have more bullets.
The prosecution reiterated that Pena was the only person armed and that everyone at the incident scattered when Pena drew the gun. They claimed that if anyone else had a gun, they would have pulled it out in response.
The prosecution stated Pena called his testimony “his truth,” suggesting h was not being entirely truthful. They claimed Pena said exactly what he needed to say on the witness stand and not the complete truth.
Page claimed Pena was trying to stop a fight between his daughter and a different group of seven individuals, including Robinson. She argued for self-defense, claiming Pena was pushed down twice and overheard someone say “Blow his a** up,” without knowing who did what.
According to Page, the group of seven arrived at Pena and his daughter’s home and were calling for her to come out and fight one of them. Pena allegedly tried to stop her, but was unsuccessful, and struggled how to stop the fight once it began. Once Pena’s daughter was pulled into the street, he tried to physically get in the way of the attackers.
During this confrontation, Pena was hit and knocked down from behind, so he couldn’t know who hit him. He only heard the “blow him up” line and saw someone approach him with a hand reaching for something at his hip—which Page claimed was the same place Pena had his gun.
Page argued the incident was chaotic and fast, stating the whole fight, from when Pena’s daughter joined to when Pena shot was 44 seconds. She played a recording from ShotSpotter monitoring system of the gunshots alongside a timer she recorded to show how quickly all the shots were fired. The recording was four seconds, but all gunshots can be heard within a one-and-a-half second span. Page claimed this was too fast for Pena to react to Robinson running away.
Page argued one of the witnesses, Robinson’s mother, was not credible. She claimed her testimony tried to “minimize her involvement” in the incident. Specifically, Robinson’s mother tried to say Pena’s daughter was the instigator of the group fight when evidence was presented that the whole group was seen and heard outside their house trying to get her to join a fight.
Page also presented a social media video of Robinson’s mother apparently threatening Pena’s daughter. According to the defense, Robinson’s mother alluded to her alleged role in an arson incident and said she would “do ten times worse to you” to Pena’s daughter in the video.
Page further argued for self-defense, saying that the prosecution never conducted a search to see if anyone else at the incident had a weapon. She pointed to some woods near the incident that someone could have thrown something into to hide, but that no one searched to see if there were any. She also stated that Pena did not have to be right for the self-defense claim to be reasonable.
Page concluded by saying “if there is any uncertainty, you must find him not guilty.”
The prosecution rebutted by saying their job was to prove the events of the incident, not answer any and all questions. They assured there was no evidence of anyone other than Pena being armed.
The prosecution explained self-defense, saying there are multiple parts to it and all have to be true for self defense to be established. If they could disprove any, then there would be no argument for it. They followed up by saying Pena “brought a gun to a fistfight.”
“Actions speak louder than words,” the prosecution said, and claimed none of Pena’s movements during the incident suggested fear or danger. They also argued that, since Pena did not know who pushed him, it was not reasonable to shoot at the first person he saw.
The prosecution concluded by saying that, regardless of the events, Pena was not allowed to own a gun anyway due to a prior conviction.
Parties are slated to reconvene when the jury reaches a verdict.
