A homicide defendant’s attorney argued his client acted in self defense following a dispute over a knocked down grill in an April 23 hearing.
Irv Duff Jr., 33, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 26-year-old Darnell Gibson on the unit block of Forrester Street, SW on Aug. 1, 2023. No other injuries were reported.
According to eyewitness reports gathered by the Metropolitan Police Department (MPD), Gibson and his girlfriend were in his apartment when they heard a commotion in the hallway. When Gibson looked through the doorway, he saw an individual arguing with Gibson’s next-door neighbor.
Gibson, seeing that his grill had been knocked over by the individual, allegedly began to yell at the individual despite the neighbor telling Gibson not to intervene.
As the pair argued, Gibson pursued the individual outside the building. Allegedly, when the individual reached his vehicle, he turned and fired at Gibson, who was still on the walkway.
The detective reported that ballistics evidence showed at least 23 shots were fired, six of which struck Gibson in the chest, arms, and back, and one which shattered the window of a distant apartment. Gibson was pronounced dead at the scene.
According to an MPD detective, the only other witness was Gibson’s next-door neighbor, namely to Duff’s girlfriend.
Initially, she told responding officers that a stranger attempted to follow her into the apartment building. At a later interview, she identified Duff, claiming he was the shooter and she had made false statements out of fear for her safety.
According to the girlfriend, Duff allegedly came to her apartment to collect his belongings when the two began to argue. When Gibson interrupted and the men moved outside the apartment building, the girlfriend allegedly received a call from Duff, who warned her there was going to be a “shootout” and she needed to take cover.
After the call ended, she said she heard gunshots. Immediately, she received another call from Duff, who allegedly said, “What was I supposed to do, let him hit me?–and told the girlfriend not to give the police any information. Allegedly, he stayed on the phone as officers arrived and began to question her.
“He was listening to what she talked to the police about,” said the detective.
Duff’s defense attorney, Kevann Gardner, took issue with the detective’s testimony.
He pointed out that Gibson pursued the altercation when Duff tried to walk away, adding that Gibson’s own girlfriend described him as “known to get into fights.”
The detective responded that Duff had allegedly goaded Gibson into the fight by taunting him, saying something to the effect of, “What are you going to do about it?” to Gibson.
“I don’t know where you’re from,” said the detective, “but where I’m from, those words are fighting words.”
Gardner replied, “Well, detective, I’m not asking your opinion.”
Further, Gardner pointed out that the description Gibson’s girlfriend gave of the shooter was inaccurate to describe Duff, specifically when the girlfriend described the shooter as having short or receding hair.
The detective disagreed, stating that “it doesn’t match him identically, exactly,” but that some parts, such as Duff’s approximate age and build, were accurate.
Gardner replied in frustration, “Detective, I need you to listen to the question I asked.”
Gardner also argued that Duff’s girlfriend was coerced by police into giving false statements, citing she only identified Duff after she was interviewed at the police department and later received assistance from the police in relocating to new housing.
“She was clearly receiving benefits,” said Gardner. “Detectives know how to talk to people, they know how to pressure people… she only made up the story because they told her to make up a story!”
According to Gardner, responding officers also found mace near Gibson’s body, which Gardner argued meant Gibson was armed during the verbal altercation.
When the detective refuted this, stating it was the girlfriend’s mace, not Gibson’s, Gardner asked, “Do you consider mace a weapon?”
“It can be used as a weapon,” replied the detective.
Gardner agreed, saying, “Right, just like a gun can be used as a weapon.”
According to Gardner, if Duff was the shooter, he was acting in self-defense after Gibson followed him out of the apartment building, potentially armed with mace and looking for a fight.
“This has all the elements of self-defense,” Gardner concluded.
The prosecution argued that Gibson did not pose a deadly threat, citing that he was unarmed and standing far away from Duff when he allegedly fired.
“There was no justifiable use of deadly force in this case,” said the prosecutor. “[Duff] showed reckless disregard for human life.”
Further, the prosecutor argued the false statements made by Duff’s girlfriend were a reasonable reaction of someone acting out of fear, and she only felt it was safe to tell the truth to officers once she was away from the scene.
“This is not police coercion,” said the prosecutor. “This is police diligence.”
Ultimately, DC Superior Court Judge Robert Okun ruled for probable cause, stating that the two witnesses’ statements corroborated each other, which indicated that Duff’s girlfriend was eventually truthful when talking to the police.
Further, Judge Okun pointed out that Duff was allegedly standing by his car when the shooting occurred, and there was no evidence Gibson had a deadly weapon.
“He could’ve just driven away,” said Judge Okun. “[The prosecution] has easily met the standard for probable cause.”
However, he conceded that without both witness testimonies, the evidence alone would not be sufficient.
Gardner then motioned for the acquittal and release of Duff, arguing that the prosecution had not turned over all evidence in this case.
Specifically, Gardner claimed he never received the responding officers’ bodyworn camera footage, and argued this was part of a greater problem among prosecutors “getting away” with not turning over evidence.
“All of them do the exact same thing!” said Gardner. “Duff should not be penalized.”
He asked Judge Okun to “set a precedent” and “hold [the prosecution] accountable,” by ruling for acquittal and release.
In response, the prosecution argued the bodyworn footage contained sensitive information about witnesses, and in lieu of a protective order, a transcript with redactions was provided instead.
“Not all bodyworn footage was turned over, that’s correct,” said the prosecutor, but added, “the [prosecution] has turned over extensive discovery in this case.”
Judge Okun denied the motions for acquittal and release.
“[The prosecution]’s position is completely legitimate,” he said. “There’s nothing to hold them accountable for because they’ve done nothing wrong.”
At the conclusion of the hearing, the prosecution’s plea deal was also read to the court, which offered Duff a sentence of 25-30 years in prison for pleading guilty to second-degree murder while armed.
Duff firmly denied the offer.
Parties are slated to reconvene on Aug. 8.
