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Defense Witness Would Testify a Dead Man is Guilty in Homicide Trial 

A homicide defendant’s attorney told DC Superior Court Judge Maribeth Raffinan that a witness could testify to a dead individual’s alleged culpability in a homicide during a hearing on Nov. 20.

Tony Morgan, 31, is charged with first-degree 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 conspiracy. The changes stem from his alleged involvement in a fatal shooting on the 3500 block of Wheeler Road, SE, on Oct. 20, 2018, which resulted in the death of 19-year-old Malik McCloud

According to court documents, the incident occurred outside of the Holiday Market on Wheeler Road. Footage obtained from the Holiday Market cameras show McCloud standing in the parking lot when a dark colored Audi SUV pulls up. An individual is seen exiting the passenger side of the vehicle and shooting toward the front of the store, striking McCloud in the chest and lower back. 

Court documents also say the vehicle sped away from the Holiday Market after the shooting but circled back around, launching a second gunfire volley. Further investigation and recovery of the suspect vehicle by the Metropolitan Police Department (MPD) revealed that the Audi SUV used by the suspects was stolen. 

The prosecution has argued throughout the trial that the killing was the result of a rivalry between two DC street gangs.

Defense attorneys Megan Allburn and Steven Kiersh requested the court to allow a defense witness to introduce an alternative suspect, 23-year-old Keonte Haynesworth, in McCloud’s death. According to the defense, Haynesworth was murdered on July 4, 2019, almost a year after McCloud’s.

The defense explained that the witness would testify that Haynesworth admitted killing someone on the same day.

To introduce evidence of third-party culpability—suspecting another person instead of the defendant—the evidence has to apply to Winfield vs. United States. It states that the evidence introduced doesn’t have to prove that the other party is guilty, but only has to plant reasonable doubt of the defendant’s guilt. 

The prosecution objected to the evidence claiming hearsay, which is evidence that includes statements made outside of court, which are inadmissible. 

The prosecution stated that if this witness is allowed to testify under a hearsay exception, then they will make a rebuttal case arguing that Morgan is responsible not only for McCloud’s death, but also for Haynesworth’s death. 

The prosecutors informed the court that in Haynesworth’s homicide, the gun that murdered him matches the gun used in McCloud’s death. The defense argued there was no DNA or other evidence linking Morgan to that firearm.

Judge Raffinan stated that the claims the witness would testify to does not fall under a hearsay exception, so the defense decided not to call the witness.

Parties are slated to reconvene on Nov. 21. 

Armed Carjacking Defendant Released Despite Outstanding Warrant

Armed carjacking co-defendants failed to appear in court before DC Superior Court Judge Erik Christian–one had his appearance waived for medical reasons, but the other, released recently from jail in Virginia, had a second bench warrant issued for his arrest.

Peguy Sikadi and Lamar Stephens, 37,  are each charged with armed carjacking, five counts of robbery while armed, five counts of assault with a dangerous weapon, eleven counts of possession of a firearm during a crime of violence, and  two counts of unlawful possession of a firearm with a prior conviction for their alleged involvement in a May 26, carjacking on the 2000 block of 13th Street, NW.

During the hearing prosecutors updated the court on Sikadi’s status stating that the first bench warrant issued for Sikadi was not transferred to the US Marshals in time for Virginia marshals to see the detainer before releasing Sikadi back into the community.

Marnitta King, Stephens’ attorney, made inquiries as to whether the cases would be severed given that Sikadi’s location was now unknown.

Prosecutors opposed severing the case asserting that the defendants’ charges were all linked and that they would not oppose continuing the trial date.

Judge Christian agreed, setting a new trial date for Jan. 21, 2025 and issuing a second bench warrant for Sakidi in case the first had been quashed.

Parties are slated to reconvene Jan. 9, 2025.

Expert Witnesses Testify in Murder Trial 

Theprosecution calls multiple expert witnesses in a murder trial before DC Superior Court Judge Maribeth Raffinan on Nov. 18. 

Tony Morgan, 31, is charged with first-degree murder while armed with aggravating circumstances, 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 conspiracy. The changes stem from his alleged involvement in a fatal shooting on the 3500 block of Wheeler Road, SE, on Oct. 20, 2018, which resulted in the death of 19-year-old Malik McCloud

According to previous proceedings, prosecutors are aiming to prove that Morgan got in a stolen vehicle with another individual, they armed themselves, hid their identity with ski masks, and went into “enemy territory” allegedly to kill McCloud. Prosecutors showed video footage from the incident, where one could see the car pulling up and apparently shooting. 

The prosecution called the lead detective who responded to the crime scene, and identified several bullet casings found as well as bullet holes found in a vehicle associated with the crime. 

A firearms expert, testified that based on his examination of the bullet casings, he can eliminate what guns weren’t used but cant say for certain what gun was. 

A DNA statistical analyst reviewed test results of water bottles, cigar wrappers and other objects found in the suspect car and concluded the presence of the defendant’s DNA could not be ruled out.

Under cross, Megan Allburn, Morgan’s attorney, pointed out that there was noevidence of Morgan’s DNA on the car or on the firearm likely used in the shooting.

Parties are slated to reconvene with additional testimony on Nov. 19. 

Guilty Plea Entered in Armed Carjacking of FBI Agent

In a Nov. 18 hearing, DC Superior Court Judge Jennifer Di Toro accepted a guilty plea from a defendant for charges stemming from an armed carjacking of an off-duty FBI agent.

Devonte Lynch, 18, plead guilty to one count each of armed carjacking, robbery, and posession of a pistol without a license for an incident that occurred on Nov. 29, 2023, near the 100 block of 12th Street NE. According to the statement of facts, which Lynch testified to be true, Lynch and another individual approached the victim, knocking the agent to the ground, pointing a handgun, and demanding a cell phone and car keys before fleeing in the agent’s vehicle.

Lynch expressed his desire to complete his education while at the DC Jail’s Central Treatment Facility (CTF) before his sentencing. Agreeing to the importance of finishing school, Judge Di Toro scheduled the sentencing with sufficient time to allow Lynch to fulfill his desire to graduate. 

A Youth Act study was ordered in consideration of his rehabilitation prospects, with sentencing scheduled Dec 5, 2025.

Fatal Stabbing Defendant Waives Preliminary Hearing

A homicide defendant waived his right to a preliminary hearing in front of DC Superior Court Judge Michael O’Keefe on Nov. 19. 

Robert Stringer, 56, is charged with first degree murder while armed for his alleged involvement in the murder of Alfred Fields that occurred on July 1 at the 3100 block of Buena Vista Terrace, SE. 

According to court documents, police responded to a report of a stabbing where they found Fields with six stab wounds. Attempts to help him on the scene were unsuccessful. 

Defense attorney Jason Tulley represented Stringer, stating that Stringer wants to waive his right to a preliminary hearing, which would require the prosecution provide evidence of probable cause of guilt. Even so, he could be indicted later.

The prosecution also put a plea agreement on the record; in exchange for pleading to one count of second degree murder while armed, the sentencing range for Stringer will be limited to 15-to-20 years under a plea agreement stipulated with the judge. The deal will stay open until January.

The next status hearing is scheduled for Jan. 31.

‘There’s a Reason Why We Appoint Attorneys,’ Says Judge to Stabbing Suspect

A defendant asked to represent himself at trial in front of DC Superior Court Judge Judith Pipe on Nov. 13 but she advised against it. 

Michael Alston is charged with assault with a dangerous weapon of a senior citizen, kidnapping of a senior citizen, assault with significant bodily injury, strangulation, and threat to kidnap or injure a person for his alleged involvement in a stabbing incident on Feb. 4 on the 2100 block of I Street, NE. One individual sustained injuries. 

At the mental observation hearing scheduled for Nov. 13, Alston asked to represent himself at his jury trial, and requested to discharge his attorney Veronice Holt. He stated that he has represented himself before, and claimed there’s a “98.7% conviction rate” at the DC Superior Court– statistic contested by Judge Pipe. 

“There’s a reason why we appoint lawyers,” Judge Pipe told him, “There’s a reason it’s in the Constitution.”

Judge Pipe explained to Alston that representing himself puts him at a “tremendous disadvantage,” since he’s unfamiliar with the rules of evidence and won’t be able to represent himself adequately in court. 

The judge also informed the defendant he will be provided a new lawyer if he doesn’t want to work with Holt going forward; despite Judge Pipe’s warning, Alston appeared set on his decision.

“Please think about it,” Judge Pipe said, and set another hearing to further discuss Alston’s ability to represent himself in trial. 

The parties are slated to reconvene on Nov. 20.

Judge Rules on Contested Evidence in A Shooting

DC Superior Court Judge Erik Christian ruled against a shooting defendant’s motion to suppress evidence, stating the arrest “was done through proper procedure,” in a Nov. 18 hearing.

Nathaniel Daniel, 34, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence in a gun free zone, unlawful possession of a firearm in a gun free zone, carrying a pistol w/o a license, unlawful discharge of a firearm, possession of an unregistered firearm in a gun-free zone, and unlawful possession of ammunition. These charges are tied to an April 2 incident on the unit block of N street, NW.

Defense attorney, Emma Mlyniec, notified the court of a motion to suppress evidence related to the arrest of Daniel, asserting that officers did not have probable cause, and that Daniel was potentially misidentified by the victim.

Prosecutors responded by calling one of the arresting officers as their first witness. Prosecutors walked through the description of the suspects officers received over their radio, two men, one wearing a gray jacket and pants, the other wearing dark jeans and a jacket with characters from The Simpsons on it.

Prosecutors then asked the officer how the defendant and another man were identified on surveillance footage and subsequently stopped for matching the description, despite some discrepancies in the clothing the suspects were wearing and the description from the witness.

Using body-worn footage, prosecutors also established that the defendant fled from officers, allegedly dropping a plastic bag with a gun in a trash bin before removing the distinctive jacket and attempting to hide in a shipping container in a construction site. Officers apprehended Daniel at the site and waited for the victim to arrive and positively ID Daniel allegedly as the man who had committed the offense.

Mlyniec contended that the defendant and the other man did not match the description, questioning the officer during cross examination about how the defendant was in fact wearing a jacket with Rugrats characters on it, not The Simpsons, and the other man was wearing blue jeans, not gray pants. Mlyniec stated, “Fifty percent of a four point lookout” is not adequate to make an arrest.

The defense added that the victim’s ability to identify Daniel as the man who had threatened her was unreliable. First, the victim claimed to be able to identify Daniel because of a distinctive belt, but Daniel was not wearing a belt when he was detained. Second, the victim had only seen the perpetrators through a frosted glass window making identification difficult, and third, the victim can be heard on body worn camera footage stating that she normally wears glasses, but was not wearing them when she made her positive ID of Daniel.

The defense also asserted that Daniel was held in handcuffs for over an hour with no probable cause before the victim could arrive and make her positive identification.

Ultimately, Judge Christian ruled to deny the motion to suppress stating that officers acted using “proper procedure,” throughout the stop and identification process.

Defense attorneys entered a motion to suppress two jail calls prosecutors intended to use during their case.

Erin Griffard, also representing Daniel, stated that the first call was almost unintelligible and jurors would be forced to speculate as to what was being said.

Prosecutors argued that when Daniel stated on the call that he was moving around with “that thing” and that somebody “dry-snitched,” thus it was not much of a leap for jurors to assume Daniel was referring to a gun and that someone had tipped off authorities to Daniel having a gun.

Again, Judge Christian ruled in favor of the prosecution and did not suppress the call.

The second jail call in question included Daniel speaking about his proximity to a school zone while in possession of a firearm as well as prior felony convictions he had.

However, Judge Christian ruled to suppress the call after hearing an argument from the defense.

Parties are set to reconvene Nov. 19

Judge Finds Probable Cause For Carjacking Defendant Without ‘Consciousness of Guilt’

DC Superior Court Judge Judith Pipe ruled there is probable cause that a defendant was allegedly involved in the armed carjacking of a white Jeep but released the defendant on home confinement during a preliminary hearing on Nov. 15. 

Tyrone Nicholsom, 24, is charged with unarmed carjacking and possession of a firearm during a crime of violence for his alleged involvement in a carjacking that occurred in the 3300 block of 14th Street, NW on Nov. 3. 

According to court documents, Nicholsom allegedly entered the driver’s side of the victim’s car at gunpoint before driving away. 

The prosecution showed a video of the carjacking and an Metropolitan Police Department (MPD) detective testified Nicholsom was stopped and arrested because he was wearing a “distinctive coat” that had been described by the victim.

Quiana Harris, Nicholsom’s defense attorney, argued that prosecution did not have legal grounds to charge Nicholsom. Harris said when Nicholsom allegedly entered the vehicle he had no reason to believe that another person was in the car given that the victim was hiding in the trunk, therefore the incident does not meet the legal standard for a carjacking. Harris said it should be an unlawful use of a vehicle charge at best. 

Harris also argued that there is not enough evidence identifying Nicholsom as the perpetrator. When Nicholsom was stopped he did not have a firearm nor was a firearm was recovered from the vehicle.

Judge Pipe said she was “concerned” about the substance of the prosecution’s evidence but found probable cause, nonetheless.

Harris said Nicholsom has a drug problem and did not recommend that he “hit the streets” but she did ask for release to an inpatient drug treatment facility as soon as possible. 

The prosecution said Nicholsom has failed at outpatient drug treatment facilities and they question if inpatient would be any different.

Judge Pipe said Nicholsom’s actions when he was stopped by the police do not suggest “consciousness of guilt,” and she would allow him to be evaluated for drug treatment and be placed on 24-hour home confinement with GPS monitoring. 

Parties are slated to reconvene on Dec. 2. 

Defendant Says He Stabbed His Friend in Self-Defense

Trial arguments for stabbing defendant Darin Anthony ended before DC Superior Court Judge Errol Arthur on Nov. 18. 

Anthony, 59,  is charged with two counts of  assault with a dangerous weapon and carrying a pistol without a license for his alleged involvement in a Sep. 11, 2023, stabbing incident that took place on the 400 block of W street, NW.

Anthony testified in court, stating that his actions were in self-defense. He stated that the victim of the incident came up to him and was swinging at him with a cane. Anthony took out a knife and held it in front of him but claimed henever swung; when he put his arms in front of his face to protect himself, the victim ducked and fell into the knife allegedly causing the stab wound.

Anthony also testified about his medical history, stating he experienced three strokes and was concerned about what would happen to him if the victim hit him.   

During cross examination, the prosecutor asked if he was upset about a stolen package around the time of the incident, and brought up several statements Anthony allegedly made during and after the incident, including, “I’d do it again.”

The prosecution argued Anthony “took matters into his own hands,” after the alleged stolen package, and that Anthony chased the victim with a knife and stabbed him.

The prosecution also refuted claims Anthony was acting in self-defense, stating that Anthony never met with police and that the stab wound doesn’t corroborate Anthony’s retelling of the incident. 

Defense attorney Jamison Koehler started his closing with the statement, “false in one thing, false in everything.” 

Koehler said none of the prosecution’s witnesses were consistent in their retelling of the event, and that Anthony’s friend, who testified as a defense witness, was the only objective observer; the friend but also the victim, and had the clearest view of the event. And the friend, Koehler stated, saw Anthony only take out the knife after the victim started swinging the cane. 

The prosecution’s rebuttal focused on the stolen package as a motive.

“He wanted to make a point,” the prosecutor said.

The parties will reconvene once the jury has reached a verdict.

Shooting Suspect Says He was Trying to Help His Friend

During a continuing trial on Nov. 18, it was confirmed no firearms or bullets were found on the spot where a non-fatal shooting victim suffered a gunshot wound to the leg.

Demonte Gibson, 26, is charged with assault with intent to commit robbery while armed, two counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, two counts of unlawful possession of a firearm, and obstruction of justice for his alleged involvement in a non-fatal shooting on the 1400 block of Fairmont Street, NW on Dec 7, 2021. The shooting was non-fatal.

The prosecution called their first witness who provided a 911 call recording on the day and at the address of the incident. The caller stated, “I’ve been shot in the leg!”

A second witness testified the victim received trauma surgery at Howard University Hospital. He sustained a gunshot wound to the upper thigh where the projectile exited.

The lead detective detailed the results of a search warrant for Gibson’s apartment, where he allegedly recovered a gun container and a magazine.

The detective later attempted to interview the victim at the hospital but was unsuccessful.

The witness was able to interview Gibson who stated on video he had “been around this man [the victim] since I was two years old…I was trying to help my friend.” Gibson stated he heard shots and the victim scream, saying someone was trying to rob him. 

During cross-examination, it was revealed that no guns were recovered on the scene on the date of the incident. Defense attorney, Kevann Gardner, that said victim was actually found on the fourth floor of the apartment building, contradicting earlier testimony.

No ballistic evidence was collected, and even though the detective testified that during his investigation officers looked thoroughly throughout Gibson’s apartment, no guns were found.

Gibson was not arrested until Sep 29, 2022, about 11 months after the incident, when Metropolitan Police Department (MPD) officers searched his apartment again.

The witness is scheduled to finish his testimony on Nov. 19 in front of DC Superior Court Judge Jason Park.

Shooting, Armed Robbery Defendant’s Attorney Bores in on Lead Detective

A shooting defendant’s attorney scrutinized the lead detective’s practices during a trial in front of DC Superior Court Judge Jason Park on Nov. 19.

Demonte Gibson, 26, is charged with assault with intent to commit robbery while armed, two counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, two counts of unlawful possession of a firearm by a convict, and obstruction of justice for his alleged involvement in a non-fatal shooting on the 1400 block of Fairmont Street, NW on Dec. 7, 2021. One individual suffered non-life-threatening injuries to their left leg.

According to court documents, the victim is Gibson’s childhood best friend. He told police he was going out to get food and a drink, until he felt a sharp pain in his left leg. He did not hear gunshots or see who shot him.

During the hearing, Gibson’s attorneys, Kevann Gardner and Rachel Cicurel, cross-examined the lead detective from the Metropolitan Police Department (MPD) who investigated the incident, scrutinizing his actions.

Gardner elicited the fact that he did not instruct the Department of Forensic Science (DFS) to take pictures of a pool of suspected blood where the victim was shot. Furthermore, when the detective was testifying, he was unable to answer questions about how investigative tasks were delegated

Additionally, the detective’s testimony was apparently contradicted after Gardner showed him a Twitter profile picture. Gardner asked him if the subject in the Twitter picture was Gibson, and he answered with, “I can’t say that it’s not him.” Prior to the trial, he testified that it was in fact Gibson in the Twitter profile picture.

Finally, Gardner asked the detective about how he and his team assessed the incident scene. The officer testified that he and his team assumed the incident stemmed from a suicide attempt, not an armed robbery and a shooting.

Parties are set to gather on Nov. 20.

Non-Fatal Shooting Defendant Accepts Guilty Plea Deal

On Nov. 15 a non-fatal shooting defendant accepted a guilty plea in front of DC Superior Court Judge Jason Park.

Torrence Wimbish, 20 is charged with one count of assault with a dangerous weapon, one count of endangerment with a firearm, and one count of carrying a pistol without a license outside a home or place of business for his involvement in a non-fatal shooting that occurred on Feb 11, 2024 on the 1300 block of Alabama Avenue, SE.

Wimbish accepted a guilty plea for two charge– assault with a dangerous weapon and carrying a pistol without a license outside a home or place of business. 

According to the prosecutor, Wimbish went to meet the victim that he previously agreed to fight. The victim was accompanied by a group of people when someone threw a fire extinguisher and bleach at the defendant. In response, he walked across the street and allegedly pulled out a P 80 Ghost gun, shooting at them three times. The gun was reportedly recovered on his person.

For the count of assault with a dangerous weapon the maximum sentence would be ten years incarceration with three years of supervised release and a $25,000 fine. For carrying a pistol without a license outside a home or place of business the maximum would be five years incarceration with three years supervised release and a $12,000 fine. Wimbish would also be required to register as a gun offender.

Judge Park, accepted the guilty plea. 

Parties are expected to return to hear full sentencing on Jan 23, 2025.

Release Conditions Reviewed for Stabbing Defendant 

DC Superior Court Judge Maribeth Raffinan advised the prosecution to revise a stay away no contact map they presented in court on Nov. 18. 

Herbert Young, 41, is charged with assault with intent to kill while armed of a senior citizen, aggravated assault knowingly while armed of a senior citizen, assault with a dangerous weapon of a senior citizen, and carrying a dangerous weapon outside his home, for his alleged involvement in a non-fatal stabbing that occurred on Feb. 4, 2023, on the 2500 block of N Street, SE. 

The victim was hospitalized in critical condition with nine stab wounds, including one to the neck

According to court documents, on the day of the incident, the suspect, later identified as Young, went to the victim’s apartment allegedly to stab him. The victim’s girlfriend said she witnessed the attack and she positively identified Young as the individual who stabbed the victim. 

In a previous hearing held on Nov. 5, prosecution raised concern that changing Young’s release conditions would increase the likelihood that Young would run into the victim or his girlfriend in the community. 

The prosecution presented the court with a stay away no contact map, to which Hannah Claudio, Young’s attorney, objected, stating that there were multiple streets that Young frequently travels on that were within the restricted area. 

Judge Raffinan instructed the prosecution to revise the map and present it at their next status hearing. 

Claudio also said the defense elects to conduct independent DNA testing of the government’s evidence. 

Parties are slated to reconvene on Nov. 25. 

Guilty Plea Entered in Armed Carjacking of FBI Agent

In a Nov. 18 hearing, DC Superior Court Judge Jennifer Di Toro accepted a guilty plea from a defendant for charges stemming from an armed carjacking of an off-duty FBI agent.

Devonte Lynch, 18, plead guilty to one count each of armed carjacking, robbery, and posession of a pistol without a license for an incident that occurred on Nov. 29, 2023, near the 100 block of 12th Street NE.

According to the statement of facts, which Lynch testified to be true, Lynch and another individual approached the victim, knocking the agent to the ground, pointing a handgun, and demanding a cell phone and car keys before fleeing in the agent’s vehicle.

Lynch expressed his desire to graduate with a GED while at the DC Jail before his sentencing. Agreeing to the importance of finishing school, Judge Di Toro scheduled the sentencing with sufficient time for Lynch to accommodate his wishes.

A Youth Rehabilitation Act (YRA) study was ordered in consideration of his rehabilitation prospects, with sentencing scheduled Dec 5, 2025. If sentenced under the YRA, Lynch’s criminal record would be effectively sealed.

Supporters From Both Sides Testify in Stabbing Trial Hinging on Self-Defense

Family members and supporters of both the victim and the defendant testified in a stabbing case before DC Superior Court Judge Errol Arthur on Nov. 14.

Darin Anthony, 59,  is charged with two counts of  assault with a dangerous weapon and carrying a pistol without a license for his alleged involvement in a Sep. 11, 2023, stabbing incident that took place on the 400 block of W street, NW. 

The wife of the victim testified, confirming that she saw the Anthony acting like a crazy man and waving a knife around.

Anthony’s attorney, Jamison Koehler, questioned the victim’s wife about whether she owned a cane since Anthony alleges the victim swung a cane at the defendant and the stabbing was in self-defense.

The victim’s wife denied ever owning a cane, but Koehler played a clip of body-worn camera footage, from the night of the incident, where the witness admits to owning a cane, but not knowing its whereabouts.

During redirect examination, the prosecutors asked the witness to clarify the issue of the cane. She said she had simply forgotten walking with a cane and the “cane wasn’t there that day.”

The victim testified that Anthony was chasing the victim’s brother with a knife, prompting the victim to go outside and pick up a stick as a weapon to defend him. The victim alleged that he swung the stick at Anthony and missed, but Anthony retaliated by cutting the victim’s forehead above his left eye.

Koehler suggested the weapon the victim used was actually a cane from inside the apartment rather than a stick from the ground. The victim confirmed Koehler was correct but the purpose of grabbing it was still the same. 

“He swung first,” the victim said regarding Anthony.

The victim’s brother testified that the victim never had any weapon at all to threaten Anthony with and that the cut was completely unprovoked. The victim was “trying to talk to [Anthony] man to man,” his brother said.

Koehler asked whether Anthony made any threats to either brother that could have provoked physical violence. The witness confirmed he did not.

The prosecution reminded the witness of grand jury testimony in which he testified Anthony asked him, “You want some of this too?” and made other threatening comments.

The defense called Anthony’s wife as a witness. She said Anthony was upset because of a package that he believed to have been stolen before leaving the apartment. 

The witness said she heard an argument minutes later and went to the window in time to see the victim swinging the cane at Anthony, eventually connecting with the defendant’s left shoulder and breaking the cane. It was after this, according to the witness, that Anthony retaliated by slashing at the victim with his knife.

Koehler bolstered this argument by displaying a photograph showing a large bruise on the defendant’s shoulder.

The prosecution said there was no timestamp on the photo or identification of whose shoulder was bruised and asked why the photo was never brought to their attention during the grand jury trial. 

The witness simply said the prosecution never asked.

Anthony’s close friend and neighbor testified that he too saw the victim strike first with the cane, breaking it over Anthony’s shoulder. He said Anthony’s stabbing motion was “reactionary.”

The trial is set to continue on Nov. 18.