This case was acquitted on Sept. 6, 2023.
On Sept. 5, DC Superior Court Judge Lynn Leibovitz instructed the jury to deliberate a non-fatal shooting case.
Delonte Smith, 25, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, unlawful possession of a firearm, and unlawful discharge of a firearm for his alleged involvement in a shooting that occured on Feb. 6 at the 2600 Block of Stanton Road, SE.
Following jury selection, the prosecution and defense presented their opening statements.
Prosecutors said the shooting had been the result of a “neighborly dispute gone too far”.
The prosecution said that on the day of the incident, the victim felt he was being taunted by Smith and his girlfriend, and that as a result he decided to smash Smith’s car windows with a bat. After smashing the car, he proceeded to go upstairs and wait for Smith to provoke a fight.
Prosecutors said that there is a history of disputes between Smith’s girlfriend and the victim’s girlfriend, and that it came to a head on Feb. 6 with shots being fired.
Defense attorney Joseph McCoy explained in his opening statement that the alleged victim is the one at fault for this shooting. He described the victim as a “fragile, angry, and explosive man”.
McCoy further explained that Smith was the real victim in this case, and that the alleged victim hasn’t made an effort to participate in the trial. The victim, according to McCoy, only agreed to testify because of a deal to give him immunity for damaging Smith’s vehicle. McCoy ended his statement by explaining that the only evidence in this case is the testimony of the victim himself.
After the opening statements, the prosecution called the victim’s girlfriend. She explained the issues she had been previously having with Smith’s girlfriend, such as loud noises and disturbances in their apartments. She discussed the 911 call that she made to the police after the incident.
When she was cross examined, McCoy pointed out inconsistencies including where she was when the shots were fired and if she had spoken to the victim prior to the 911 call.
Prosecutors called forth the victim who revealed that he had a knife at the time of the shooting. However, there were questions about whether he had the knife out before or after the first shot was fired.
The lead detective testified that when he arrived at the scene, there were bullet fragments on the floor and a hole in the ground from the bullet. When he was cross examined, it was revealed that the police had never searched the victims apartment that day, and didn’t any shell casings or DNA from that day.
Smith waived his right to testify.
During their closing arguments, prosecutors insisted that the jury find Smith guilty of all charges, stating that he was the obvious perpetrator in the incident.
Then, the defense re-emphasized that the police never searched the alleged victim’s apartment, or found any actual evidence as to who shot the gun. McCoy additionally explained that there is no surveillance footage showing the actual incident, just the time leading up to it and after.
He closed by saying, “Delonte Smith is an innocent man”.
The jury is set to begin deliberations on Sept. 6.
