A homicide defendant testified that a fatal shooting occurred in self-defense after the victim reportedly threatened him in a trial before DC Superior Court Judge Michael Ryan on June 17.
Irv Duff, 35, is charged with first-degree premeditated murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and obstruction of justice for his alleged involvement in the murder of 26-year-old Darnell Gibson on Aug. 1, 2023, on the unit block of Forrester Street, SW. Gibson sustained three gunshot wounds to his upper body.
At his trial, the defense called Duff to testify about the events of Aug. 1, and his relationship with an ex-girlfriend, specifically his issues with her parenting choices.
According to Duff, his girlfriend often spent time at his apartment because of difficulties with her living situation. Duff testified that he helped support her and young son by paying bills and providing care for the child, but questioned her parenting due to her drinking alcohol and smoke in front of her child.
Duff also testified about disagreements involving his ex-girlfriend’s friend, who testified in a previous hearing on June 15. He claimed that the friend would often encourage his ex-girlfriend to ask him for money, which they later used for partying rather than purchasing necessities.
The night of the incident, Duff said he had planned a dinner reservation and hotel stay for his ex-girlfriend’s birthday, but the plans were canceled because she could not find a babysitter for her son. This led to a verbal altercation between her and Duff, prompting him to end their relationship and drop her off at her apartment, where Gibson lived across the hall.
Gibson’s girlfriend previously claimed in testimony that she heard a physical altercation between Duff and his ex-girlfriend the night of Gibson’s death, which Duff denied. According to Duff, he kicked a grill reportedly owned by Gibson as he left his ex-girlfriend’s apartment. Gibson then confronted Duff, but Duff said he “had no problems with him,” and did not consider the situation to be serious.
Gibson’s girlfriend testified previously that she heard Duff repeatedly tell Gibson to “come outside,” which Duff denied. Duff claimed that Gibson came to the apartment window, yelling “I should come out there and smoke you for knocking my sh*t over.” Duff interpreted “smoke” to mean kill, did not reply, and walked away.
Duff claimed that he was waiting by his car, with his back towards the building, trying to determine his “next move” when Gibson allegedly rushed towards him and pulled a gun from his waist.
Duff “did a double take” and pulled out a gun given to him by a friend. He claimed the gun “went crazy,” even though he pulled the trigger once, and was reportedly not expecting the gun to shoot multiple times.
Duff’s attorney, Kevann Gardner, asked about Duff’s prior life experiences. Duff explained that several of his friends died from gun violence in front of him and experienced gunshot injuries multiple times.
Gardner showed Duff a photo of Gibson with a black gun, but prosecutors objected and questioned Duff’s ability to identify the gun as the same one he claimed Gibson had during the incident. They argued that it was dark, and the gun was below Duff’s eyeline. Duff pointed out there was a porch light by the apartment door.
Gardner showed Duff a photo of his car, which had a hole in the back windshield. Duff claimed the hole was from his gun’s uncontrollable shooting.
After the incident, Duff said he asked his ex-girlfriend over the phone, “What am I supposed to do? Let him hit at me?” Duff clarified that this meant shoot, but he was unaware if anyone was injured and found out that Gibson was shot on Instagram the next morning.
Gardner also clarified that Duff was convicted in 2009 for carrying a pistol without a license and robbery, robbery while armed in 2012, assault with a dangerous weapon in 2017, and unlawful possession of a firearm in 2021.
Prosecutors, during cross-examination, highlighted that Duff was not allowed to own firearms but did anyway. They asked Duff if he “frequently” carried guns, and Duff clarified that he did “for protection.” As a result of time constraints, prosecutors’ cross-examination of Duff will resume the following day of trial, on June 18.
Gardner cross-examined the Metropolitan Police Department (MPD) lead detective, who testified that Duff’s ex-girlfriend’s friend and Gibson’s then-girlfriend told her Gibson had a gun at some point. The detective testified that she did not recall certain statements attributed to witnesses until reviewing her investigative notes.
From a conversation with Duff’s ex-girlfriend, the detective testified she believed the girlfriend was concerned about her child being taken away because of her ties to the case.
The detective testified that she didn’t know if Duff was arrested on obstruction of justice charges for allegedly telling his ex-girlfriend not to talk to the police. She claimed that she arrested him for murder based on the warrant.
Upon reviewing crime scene photos of the recovered vehicle, the detective said she doesn’t know what shattered the car’s rear windshield.
Gardner suggested that a neighbor who called 911 may have had a personal relationship with Gibson and questioned whether that individual could have removed a firearm from the scene before police arrived. The detective testified that no firearm belonging to Gibson was recovered during the investigation.
Gardner pointed out that the detective previously testified that “people often take items away from crime scenes to protect people they care about.”
The detective stated she had no knowledge that the neighbor was physically close enough to Gibson to take the gun, and never had the opportunity to question the neighbor in her investigation.
During additional questioning, prosecutors emphasized that investigators found no physical evidence showing Gibson possessed a firearm on the night of the shooting. The detective also testified that information suggesting Gibson had a gun came from secondhand accounts rather than direct evidence.
Parties are slated to reconvene on June 18.